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Madras High CourtWP/14137/2021disposed of

Tiruvannamalai Sri Parvatha Raja Kula Sangam v. The District Registration (Administration)

2021-07-15Honourable Mr Justice R. Mahadevan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.07.2021

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN Writ Petition No.14137 of 2021 Tiruvannamalai Sri Parvatha Raja Kula Sangam represented by its President Mr.K.Subramanian No.22, Thirumanjana Gopura Street Tiruvannamalai - 606 601.

...Petitioner

Vs The District Registration (Administration) Office of the Registrar of Societies Durgai Amman Kovil street Tiruvannamalai.

...Respondent

Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondent to forthwith renew the registration of the petitioner Sangam from the year 2016-2017 to 2019-2020 by issuing the receipt for payment of renewal fee.

For Petitioner : Ms.G.P.Bhargavi For Respondent : Mr.Stalin Abimanyu Government Advocate

ORDER

This writ petition has been filed to issue a mandamus, directing the respondent to forthwith renew the registration of the petitioner Sangam from the year 2016-2017 to 2019-2020 by issuing receipt for payment of renewal fee.

2.According to the petitioner, their Sangam was renewed periodically upto 14.06.2016, by satisfying the statutory requirements and as per the provisions of the Tamil Nadu Societies Registration Act, 1975. Thereafter, the petitioner submitted the required documents for renewal of registration for

the years 2016-17, 2017-18, 2018-19 and 2019-2020 on 31.10.2018, 03.12.2018, 16.09.2019 and 27.01.2021 respectively. Though the respondent received the same, they failed to issue any receipt for payment of the renewal charges by the petitioner Sangam. Therefore, the petitioner sent a representation to the respondent on 29.12.2020 narrating all the facts and requesting them to renew the registration by giving necessary receipt for payment of the renewal charges, to which, the respondent sent a reply vide Memo No.3734/A2/2017 dated 08.03.2021 stating that no application was received from the petitioner online and that, the petitioner Sangam was renewed lastly during the year 1992-93 and they have not been granted renewal for the past 26 years i.e.

, from 1993-94 to 2019-2020 and therefore, they may submit the application for the said periods along with the documents prescribed under the statute online along with an application for condonation of delay in submitting the application and after paying the necessary fee for such renewal. Upon receipt of such memo, the petitioner sent a detailed reply through their advocate on 13.03.2021. However, the said reply was not considered by the respondent till date. Feeling aggrieved, the petitioner has come up with this writ petition for the aforesaid relief.

3.The learned counsel appearing for the petitioner submitted that the petitioner has got renewal of registration till 2015-16 which is evident from the receipt no.036063 dated 14.06.2015, wherein it is clearly stated that the charges for condonation of delay for the period from 1994-95 to 2009-10 have been collected. Insofar as the periods from 2011-12 to 2014-15 are concerned, necessary receipts have been issued by the respondent. Thereafter, the applications seeking renewal of registration for the periods from 2016-17 to 2019-2020 have been kept pending, for no fault on the part of the petitioner. Therefore, the learned counsel submitted that the representation of the petitioner dated 29.12.2020 may be directed to be considered and appropriate orders be passed, within a time frame to be stipulated by this court.

4.On the other hand, the learned Government Advocate appearing for the respondent fairly submitted that the respondent shall consider the representation of the petitioner and pass orders, in the light of the documents submitted by them. 5.In view of the above, this Court, without going into the merits of the case, directs the respondent to consider the representation of the petitioner dated 29.12.2020 and pass appropriate orders, on merits and in accordance with law, after affording an opportunity of hearing to the petitioner, within a period of two (2) weeks from the date of receipt of a copy of this order. It is needless to state that the petitioner is at

liberty to produce the necessary documentary evidence to the respondent at the time of hearing.

6. Accordingly, this writ petition stands disposed of. No costs.

Sd/- Assistant Registrar(CS-V) //True Copy// Sub Assistant Registrar kj To The District Registration (Administration) Office of the Registrar of Societies Durgai Amman Kovil street Tiruvannamalai.

+1cc to Mr.G.P.Bhargavi, Advocate, S.R.No.34152 +1cc to the Government Pleader, S.R.No.34344 W.P.No.14137 of 2021 MG(CO) RGA(24/09/2021)