R.Kavitha, v. The Secretary To Government,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.06.2023
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI and W.M.P.No.13917 of 2020 R.Kavitha . . . Petitioner Vs.
1.Secretary to Government, Commercial Taxes Department, Government of Tamil Nadu, Sectretariat, Fort St. George, Chennai-600 009.
2. The Inspector General of Registration, Sathome High Road, Chennai.
3. The District Registrar of Society Registration, Salem.
4. The Chief Educational Officer, Salem.
5. BharathikalviNilayam Represented by its Secretary (Regn No.176/1988) Gandhi Road, Thammampatti Village, Gangavalli Taluk, Salem District. . . . Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus or any other writ or direction or order in the nature of writ directing the respondents 1 to 3 herein to appoint a liquidator with respect to Bharathi Kalvi Nilayam (Regn No.176/1988) Gandhi Road, Thammampatii Village, GangavalliTaluk, Salem District, the 5th respondent herein as mandated under Section 40 of the Societies Registration Act 1975. For petitioner : M/s.N.C.Ashok Kumar For Respondents : Mr. V.Manoharan, Additional Government Pleader for R1 to R4 : Mr.E.C.Ramesh for R5.
ORDER
This Writ Petition has been filed for a direction to respondents 1 to 3 to appoint a liquidator for the 5th respondent society as mandated under Section 40 of the Societies Registration Act 1975.
2. The petitioner is the member of the 5th respondent society which is running a school under the name and style of "Bharathi Metric Higher Secondary School" and also owns various immovable properties. It is the case of the petitioner that the name of the 5th respondent society has been
struck off from the registry by the 3rd respondent for not complying with the provisions of the Tamil Nadu Societies Registration Act insofar as the filing of Annual returns. Since, the present office bearers of the society are mismanaging and misappropriating the properties of the society and serious financial irregularities being committed in the society, the petitioner made a representation to respondents 1 to 3 on 12.03.2020 & 05.08.2020 requesting to appoint an official liquidator to the 5th respondent society. However, till date, no steps have been taken by the respondents 1 to 3. Hence this Writ Petition has been filed.
3. Though very many grounds have been raised, however, learned counsel for the petitioner submits that it would suffice if this Court issues a direction to the 3rd respondent to consider the representation dated 05.08.2020 made by the petitioner seeking to appoint an official liquidator to the 5th respondent and pass orders within the time that may be stipulated by this Court.
4. Per Contra, learned Additional Government Pleader appearing for respondents 1 to 4 relying upon the Counter Affidavit filed on behalf of the 3rd respondent and submits that an inspection was conducted by the respondents in the 5th respondent society and found that the society has violated the provisions of the Act and appropriate action will be taken to issue notices to the society under Section 44(3) of the Act.
5. This Court heard the learned counsel appearing on either side.
6. Though the petitioner claims that the 5th respondent society has been struck off from the register of societies, however, it is the stand of the learned Additional Government Pleader that notices will be issued to the petitioners and the name of the 5th respondent has not been struck off from the register of societies as alleged by the petitioner. In view of the fair stand taken by the learned Additional Government Pleader, this Court without going into the merits of the case, directs the 3rd respondent to issue notice to the 5th respondent under Section 44 of the Tamil Nadu Societies Registration Act and upon receipt of the same, the petitioner is directed to give his explanation. Upon receipt of the explanation, the 3rd respondent shall
conclude the proceedings after affording an opportunity of personal hearing to the petitioner as well as to the aggrieved parties if any within a period of twelve weeks from the date of explanation.
7. This Writ Petition stands disposed of with the aforesaid direction. There shall be no order as to costs. Consequently, the connected Miscellaneous Petitions stands closed.
05.06.2023 Index : Yes / No Internet : Yes / No NHS
M.DHANDAPANI, J NHS 1.Secretary to Government, Commercial Taxes Department, Government of Tamil Nadu, Sectretariat, Fort St. George, Chennai-600 009.
2. The Inspector General of Registration, Sathome High Road, Chennai.
3. The District Registrar of Society Registration, Salem.
4. The Chief Educational Officer, Salem.
05.06.2023