G.S.Gunasekhar v. The Inspector General Of

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.09.2020

CORAM

THE HONOURABLE MR.JUSTICE N. ANAND VENKATESH W.P.No.12524 of 2020 G.S. Gunasehar ... Petitioner .Vs.

1. The Inspector General of Registration, Santhome High Road, Chennai.

2. The District Registrar, Registration Department, Tirupur.

3. Udumalai Viyaparigal Sangam, No.21-D, Tiruppur Road, Udumalpet, Tirupur District ... Respondents Prayer: Writ Petition filed under Section 226 of Constitution of India praying for issuance of Writ of Mandamus directing the 2nd respondent to conduct the enquiry in respect of conducting of chit without obtaining any permission from the competent authority based on the letter issued by the 2nd respondent made in proceedings in Na.Ka.No.3393/A4/2019 dated 14.11.2019. For Petitioner : Mr.N.Umapathi For Respondents: Mr.T.M. Pappiah, Spl. Govt. Pleader R1 & R2

O R D E R

This writ Petition has been filed for issuance of Writ of Mandamus directing the 2nd respondent to conduct an enquiry with regard to the alleged chit business carried on by the third respondent without any authority of law and to take action against the third respondent.

2. The case of the petitioner is that he is a Member of an Association called as Udumalai Merchant Association. According to the petitioner, no election was conducted for this Association after 2014 and the Office Bearers of the Association have managed to change the name of the Association and are indulging in collecting money from the general public in the name of running a chit fund. According to the petitioner, the third respondent has not obtained any permission and the money https://hcservices.ecourts.gov.in/hcservices/

collected from the general public is also not accounted.

3. The petitioner gave a complaint to the 2nd respondent and the 2nd respondent, by communication dated 14.11.2019 directed the third respondent to submit all the particulars with regard to the business carried on by the Sangam. The grievance of the petitioner is that there is absolutely no progress in the enquiry and the third respondent continues to collect money from the general public and therefore, left with no other alternative, the present Writ Petition has been filed before this Court seeking for appropriate directions.

4. Heard Mr.N.Umapathi, learned counsel appearing for the petitioner and Mr.T.M.Pappiah, learned Special Government Pleader appearing for the respondents 1 and 2.

5. Taking into consideration the facts and circumstances of the case and also the fact that the 2nd respondent has already taken cognizance of the complaint given by the petitioner and has also issued a notice to the third respondent to conduct an enquiry, there shall be a direction to the 2nd respondent to proceed further with the enquiry after giving sufficient opportunity to the petitioner and the third respondent Sangam and pass appropriate orders strictly in accordance with law, within a period of six weeks from the date of receipt of a copy of this order. The petitioner is directed to make a fresh representation to the 2nd respondent along with a copy of this order.

5. This Writ Petition is disposed of with the above directions. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To

1. The Inspector General of Registration, Santhome High Road, Chennai.

2. The District Registrar, Registration Department, Tirupur.

+1cc to M/s.N.Umapathy, Advocate, Sr.No.30020 +1cc to the Government Pleader, Sr.No.30389 W.P.No.12524 of 2020 nmi (co) rr ii (15/10/2020) https://hcservices.ecourts.gov.in/hcservices/