South Indian Sengundha Mahajana Sangam v. P.T.Rajan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.10.2023

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY M/s.South Indian Senguntha Mahajana Sangam, rep. by its President and General Secretary, No.58, Armenian Street, Chennai-600 001.

..

Appellant Vs.

1.P.T.Rajan 2.R.Ramalingam 3.S.Thangaraj 4.The State of Tamil Nadu, rep. by its Secretary to Government, Registration Department, Fort St. George, Chennai-600 009.

5.The Inspector General of Registration, Registration Department, Santhome, Chennai-600 028.

6.The District Registrar (Administration), North Chennai (Registration District), 1st Floor, Kuralazham, Chennai-600 106.

7.K.P.K.Selvaraj ..

Respondents Prayer : Appeal filed under Clause 15 of the Letters Patent against the order of the learned Single Judge dated 13.10.2022 made in W.P.No.25872 of 2022.

For the Appellant : Mr.T.C.Gopalakrishnan For the Respondents : Mr.Thamarai Selvan for Mr.P.Rajavel

JUDGMENT

(Delivered by the Hon'ble Chief Justice) Heard Mr.T.C.Gopalakrishnan, learned counsel for the appellant and Mr.Thamarai Selvan, learned counsel for Mr.P.Rajavel, learned counsel for the respondents.

2. The present appeal is filed against the judgment and order

dated 13.10.2022 passed by the learned Single Judge in a writ petition bearing No.25872 of 2022.

3. The learned Single Judge, under a common order dated 13.10.2022, disposed of two writ petitions i.e. W.P.Nos.25811 and 25872 of 2022. The petitioner in W.P.No.25811 of 2022 had challenged the said order by filing writ appeal, bearing W.A.No.844 of 2023. This Court, under the order dated 21.06.2023, disposed of the said writ appeal observing that the learned Single Judge has not committed any error while passing the impugned order.

4. In fact, the learned Single Judge has only directed the District Registrar (Administration) to evaluate the substance of the complaint given by the petitioners and if he satisfied that there is prima facie substance available in that complaint, then he can go ahead with the enquiry under Section 36 of the Tamil Nadu Societies Registration Act, 1975, for which the Registrar can issue notice to the present management of the society and others.

5. In the light of the above and in view of the order passed by this Court in W.A.No.844 of 2023 dated 21.6.2023, the present appeal also stands disposed of. There will be no order as to costs. Consequently, C.M.P.No.24066 of 2023 is closed. (S.V.G., CJ.) (D.B.C., J.) 20.10.2023 Index : Yes/No bbr To 1.The Secretary to Government, State of Tamil Nadu, Registration Department, Fort St. George, Chennai-600 009.

5.The Inspector General of Registration, Registration Department, Santhome, Chennai-600 028.

6.The District Registrar (Administration), North Chennai (Registration District), 1st Floor, Kuralazham, Chennai-600 106.

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

bbr 20.10.2023