P.Sampathkumar v. Deputy Inspector General Of Registration

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.03.2022 CORAM :

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.NO.7111 OF 2022 P.Sampath Kumar ... Petitioner .Vs.

1. The Deputy Inspector General of Registration, O/o. Deputy Inspector General of Registration, 6/1, CRD Salai, Red fields, Coimbatore - 18.

2. The District Registrar, District Registrar Office, Coimbatore.

3. The Registrar of Societies, Registrar Office, State Bank Road, Coimbatore Central, District Collector Office, Coimbatore District.

4. S.Debesh ... Respondents PRAYER:- Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 2nd respondent herein to conduct an enquiry based on petitioner's representation dated 04.01.2022 and pass orders on merits, within a time stipulated by this Hon'ble Court. For Petitioner :

Mr.V.P.K.Gowtham For Respondents : Mr.Yogesh Kannadasan Special Government Pleader

O R D E R

This Writ Petition has been filed seeking for issuance of a Writ of Mandamus, to direct the 2nd respondent to conduct an enquiry based on petitioner's representation, dated 04.01.2022 and pass orders on merits, within a time stipulated by this Court.

2. The learned Special Government Pleader appearing on behalf of the respondents takes notice for the official respondents. In view of the limited relief sought for in this petition and on the consent of the learned counsel appearing on either side, this petition is taken up for final disposal.

3. Since no adverse order is being passed as against the private respondent, notice to the private respondent is dispensed with.

4. The case of the petitioner is that the petitioner is Treasurer of Tamil Nadu Private Ambulance Drivers Owners Association (TPADOA). The said Association was formed on 01.08.2017 and the same was registered on 12.02.2018 under the Societies Registration Act and registered Number 38/2018. Thereafter, the petitioner was elected as Treasurer as per resolution and one Mr.S.Dibesh was elected as president and other office members also appointed on the same date. Whileso, the Association had received a complaint from members that the said S.Dibesh had received money for renewal of vehicles from members but he had not renewed and failed to return amount to members. Thereafter, the petitioner made a complaint before the 2nd respondent, in terms of Section 36(1) of the Tamil Nadu Societies Registration Act, 1975, on 04.01.2022, for conducting an enquiry. However, till date no orders have been passed. Hence, this writ petition is filed with the above said prayer.

5. The learned counsel for the petitioner submitted that it would suffice, if this Court issues direction to the 2nd respondent to consider petitioner's complaint dated 04.01.2022, and pass orders within a reasonable time that may be fixed by this Court.

6. The learned Special Government Pleader appearing on behalf of the respondents submitted that as per Section 36(1) of the Registration Act, the committee or majority of the Association members has to give complaint, however, the petitioner is an individual capacity he made a complaint. However, the petitioner's complaint was considered in the manner known to law, if the complaint specifying the Registration Act, within a reasonable time that may be fixed by this Court.

7. In view of the limited request made by the petitioner, this Court inclined to issue direction to the 2nd respondent to consider the petitioner's complaint dated 04.01.2022, and pass appropriate orders on merits and in accordance with law, after providing an opportunity of hearing to the petitioner and to the aggrieved parties, if any, within a period of twelve weeks from the date of receipt of a copy of this order.

8. With the above direction, this Writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar Psa To 1.

The Deputy Inspector General of Registration, O/o. Deputy Inspector General of Registration, 6/1, CRD Salai, Red fields, Coimbatore - 18.

2.

The District Registrar, District Registrar Office, Coimbatore.

3.

The Registrar of Societies, Registrar Office, State Bank Road, Coimbatore Central, District Collector Office, Coimbatore District.

+1cc to Mr.V.P.K.Gowtham, Advocate, S.R.No.20903 +1cc to the Government Pleader, S.R.No.21366 W.P.NO.7111 OF 2022 PMK(CO) PBS/12/04/2022