The Members Of The Arihant North Town v. The Inspector General Of Registration

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.04.2023

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM The Members of the Arihant North Town Owners and Residents Welfare Association, Represented by its member, Mr.Mohanlal Chhajer, S/o.Devraj, No.401, 28th Tower, Stephson Road, Perambur, Chennai -12.

...Petitioner

Vs.

1.The Inspector General of Registration, No.100, Santhome High Road, Mullima Nagar, Mandavelipakkam, Raja Annamalai Puram, Chennai - 600 028.

2.The District Registrar, No.268, Bharathi Salai, Express Estate, Royapettah, Chennai - 600 014.

..Respondents Prayer : Writ Petition filed Under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 2nd respondent to consider the petitioner's complaint dated 25.02.2023 and 05.04.2023. 1/5

For Petitioner : Mr.Meiyappan Mohan For R1 & R2 : Mr.S.Ravichandran Additional Government Pleader

ORDER

The relief sought for in the present writ petition is for a direction to direct the 2nd respondent to consider the petitioner's complaint dated 25.02.2023 and 05.04.2023.

2. The petitioner states that majority of the members of the petitioner Association signed and submitted a complaint to the 2nd respondent/District Registrar under Section 36 of the Tamil Nadu Societies Registration Act, 1975 for conducting an enquiry into the affairs of the Arihant North Town Owners and Residents Welfare Association.

3. It is needless to state that a society registered under the provisions of the Tamil Nadu Societies Registration Act, 1975, must function in consonance with the provisions and the returns are to be filed before the competent authority under the Act. Bye-laws registered under the above said Act is to be followed scrupulously by the Association. 2/5

4. The learned counsel for the petitioner states that the present office bearers of the Association are committing several irregularities and dealing with the money collected from the members in an illegal manner. Thus, the majority of the members jointly submitted an application before the 2nd respondent/District Registrar to conduct an enquiry on 25.02.2023 and on 05.04.2023.

5. In view of the fact that the petitioner states that several allegations are to be enquired into, this Court is inclined to direct the 2nd respondent/District Registrar to issue notice to all the parties and conduct an enquiry by affording opportunity to them and pass final orders on merits and in accordance with law within a period of eight (8) weeks from the date of receipt of a copy of this order.

6. With this direction, the writ petition stands disposed of. No costs. 24.04.2023 Index : Yes Speaking order kak 3/5

To 1.The Inspector General of Registration, No.100, Santhome High Road, Mullima Nagar, Mandavelipakkam, Raja Annamalai Puram, Chennai - 600 028.

2.The District Registrar, No.268, Bharathi Salai, Express Estate, Royapettah, Chennai - 600 014.

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S.M.SUBRAMANIAM, J.

kak 24.04.2023 5/5