Theosophical Society v. The Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 17.06.2019

CORAM:

THE HON'BLE MR. JUSTICE P.D.AUDIKESAVALU W.P. Nos. 8625 and 8626 of 2018 and W.M.P. Nos. 10552 and 10553 of 2018 Theosophical Society, Represented Secretary, Marjia Artamaa, Having its Headquarters at Adyar, Chennai - 600 020.

... Petitioner in both W.P.s -vs1. The Secretary, Commercial Taxes and Registration Department, Fort St. George, Chennai - 600 009.

2. The Inspector General of Registration, No.100, Santhome High Road, Mylapore, Chennai - 600 028.

3. The District Registrar cum Registrar of Societies, South Chennai District, Saidapet, Chennai - 600 015.

...First to Third Respondents in both W.P.s 4.S.Ramu 5.Kesiraju Krishna Phani ...Fourth and Fifth Respondents in W.P. No. 8625 of 2018 Prayer in W.P. No. 8625 of 2018:- Writ Petition filed under Article 226 of Constitution of India, seeking for a Writ of Certiorari, calling for the records of the Third Respondent in his order in Proceedings No.11825/E2/2015 dated 02.03.2018 issued by him and quash the same in so far as it relates to the last para, wherein it is stated that the tenure of the office of the President of the Petitioner Society is 3 years until the order is received from the First Respondent on the exemption application.

Prayer in W.P. No. 8626 of 2018:- Writ Petition filed under Article 226 of Constitution of India, seeking for a Writ of Mandamus, directing the First Respondent to grant exemption as recommended by the Third Respondent, to the Petitioner Society from Provisions of Section 15(4) of the Tamil Nadu Societies Registration Act, 1975 with retrospective effect in exercise of the powers conferred by Section 54 of the Tamil Nadu Societies Registration Act, 1975.

For Petitioner : Mr.C.Selvaraj, Senior Counsel (in both W.P.s) for Mr.A.Govindasamy For Respondents: Mr.P.P.Purushothaman for R1 to R3 (in both W.P.s) Government Advocate Mr.B.Murugesan for R4 Ms.Geetha Ramaseshan for R5 C O M M O N O R D E R The Learned Counsel appearing for the Petitioners submits that the Government of Tamil Nadu has issued G.O. (Ms). No. 98, Commercial Taxes and Registration (M1) dated 01.08.2018 exempting the Society of the Petitioner from the provisions of Section 15(4) of the Tamil Nadu Societies Registration Act, 1975, with regard to extension of the term of office of the President as provided in its bye-laws, with retrospective effect from 22.04.1978. As such, nothing survives for further consideration in these Writ Petitions and the Counsel for the Petitioner has made an endorsement to that effect. 2.

Recording the same, the Writ Petitions are dismissed as infructuous. Consequently, the connected Miscellaneous Petitions are closed. No Costs.

Sd/- Assistant Registrar(CO) //True Copy// arb / vji Sub Assistant Registrar To

1. The Secretary, Commercial Taxes and Registration Department, Fort St. George, Chennai - 600 009.

2. The Inspector General of Registration, No.100, Santhome High Road, Mylapore, Chennai - 600 028.

3. The District Registrar cum Registrar of Societies, South Chennai District, Saidapet, Chennai - 600 015.

+1 cc to M/s.Geetha Ramaseshan, Advocate, S.R.No.49026 +1 cc to M/s.A.Govindasamy, Advocate, S.R.No.49291 W.P. Nos. 8625 and 8626 of 2018 PV(CO) SSM(18/07/2019).