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Madras High CourtWP/5780/2022disposed of

Chengalpet District Small And Micro Industries Association v. Inspector General Of Registration

2022-03-14Honourable Dr Justice Anita Sumanth3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 14.03.2022

CORAM

THE HONOURABLE DR. JUSTICE ANITA SUMANTH W.P.No.5780 of 2022 & WMP.No.5871 of 2022 Chengalpet District Small and Micro Industries Association Represented by its President R.Ganesan, No.72/20, Rastha 1st Street, Anumanthaoutheri, Natham, Chengalpet-603 002.

... Petitioner Vs 1.Inspector General of Registration, 100, Santhome High Road, Mullima Nagar, Mandavellipakkam, R.A.Puram, Tamil Nadu, Chennai-600 028.

2.The Registrar of Societies, Chengalpet District, Chengalpet.

3.The District Registrar (Administration), District Registrar Office, Chengalpet District. 4.The Registrar of Societies, Chennai South, Chennai-600 015.

5.Chengalpet District Micro and Small Industries Association, No.23, Bhoopathy Nagar, 1st Street, Keelkattalai, Chennai-600 117.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records of the 3rd respondent culminated in the order dated 31.12.2021 passed in proceedings bearing Reference No.2481/E1/2020 passed by the 3rd respondent and quash the same and consequentially direct the 3rd respondent to conduct an enquiry afresh on the complaint lodged by the 5th respondent with the 3rd respondent.

For Petitioner : Mr.P.V.Balasubramaniam For Respondents : Mr.D.Ravichander, Special Government Pleader [R1 to R4]

O R D E R

Mr.D.Ravichander, learned Special Government Pleader accepts notice for R1 to R4 and is armed with instructions to proceed with the matter finally. In view of the order that is proposed to be passed in this matter, no notice is thought necessary to R5. Hence, by consent of learned counsel for the petitioner and the learned Special Government Pleader, this Writ Petition is disposed finally even at the stage of admission.

2. The petitioner challenges an order passed by the District Registrar/R3 dated 31.12.2021 cancelling its registration in view of the identity of names of the petitioner and R5. Admittedly, R5 has been constituted a few days prior to the date of constitution of the petitioner.

3. Be that as it may, R5 has approached this Court by way of a Writ Petition in W.P.No.18662 of 2021 seeking cancellation of the registration of the petitioner and this Court, by order dated 20.09.2021 directed R3 to dispose the representation of R5 after hearing both R5, petitioner in that Writ Petition as well as the petitioner herein, R4 in that Writ Petition.

4. Admittedly, the impugned order has been passed after hearing only R5 and not affording any opportunity of hearing to the petitioner as directed by this Court. Hence, this Writ Petition.

5. Be that as it may, learned counsel for the petitioner places on record an additional affidavit dated 14.03.2022 executed by the President of the petitioner Association, R.Ganesan, stating that the petitioner association has decided to change its name from 'Chengalpet District Small and Micro Industries Association to a name which is acceptable as per the provisions of the Tamil Nadu Societies Registration Act.'. With this decision, the lis in this Writ Petition ceases.

6. The petitioner will file an application before R3 seeking change of name in line with the undertaking in the affidavit as above, and such application shall be heard by R3 without reference to the impugned order, and disposed, within a period of two (2) weeks from date of receipt thereof. If the change of name is accepted by R3, let the registration of the

petitioner association, albeit under a different date, continue seamlessly.

7. The Writ Petition is disposed as above. No costs. Connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CS-IX) //True Copy// Sub Assistant Registrar sl To 1.Inspector General of Registration, 100, Santhome High Road, Mullima Nagar, Mandavellipakkam, R.A.Puram, Tamil Nadu, Chennai-600 028.

2.The Registrar of Societies, Chengalpet District, Chengalpet.

3.The District Registrar (Administration), District Registrar Office, Chengalpet District. 4.The Registrar of Societies, Chennai South, Chennai-600 015.

+1cc to Mr.Bfs Legal, Advocate, S.R.No.17173 +1cc to Government Pleader, Sr.No.17793(21/03/2022) W.P.No.5780 of 2022 & WMP.No.5871 of 2022 KV(CO) KM(16/03/2022)