Csi Christian Association v. The Government Of Tamilnadu,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.03.2022

CORAM

THE HONOURABLE MR. JUSTICE V.BHARATHIDASAN W.P. No.7267 of 2016 and W.M.P. Nos.6475 of 2016 & 34 of 2021 CSI Christian Association, rep. by its member K. Victor Arulraj ... Petitioner

Versus

1. The Government of Tamil Nadu, rep. by its Chief Secretary, Secretariat, Fort St. George, Chennai-600 009.

2. The Inspector General of Societies, (Registration), No.100, Santhome High Road, Chennai-600 028.

3. The District Registrar (Admn.), No.17, Rajaji Road, Opp. To Kavitha Studio, Chengalpattu.

4. The Director, Stationery and Printing Department, Mount Road, Chennai.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorari, calling for the records from the 3rd respondent bearing No. 2690/E1/2015 dated 11.01.2016 and quash the same. For Petitioner : Mr. D.Muthukumar For Respondents : Mr.P.Satish, Addl. Government Pleader

O R D E R

This Writ Petition has been filed challenging the order passed by the 3rd Respondent District Registrar to strike off the petitioner's society from the register.

2. The only grievance of the petitioner is that, before passing the impugned order, the 3rd respondent District Registrar did not publish the show cause notice in the Government Gazette as contemplated under Sec.44(1) of Tamil Nadu Registration of Societies Act, 1975.

3. Per contra, Mr. P.Satish, learned Addl. Government Pleader appearing for respondents 1 to 4 disputed the said fact and submitted that, the show cause notice has been already gazetted in the Tamil Nadu Government Gazette on 20.08.2014.

4. Heard and considered rival submissions made by learned counsel appearing for both sides and perused the records.

5. Considering the facts and circumstances, there is an alternative remedy available to the petitioner to challenge the order passed by the 3rd respondent before the appellate authority, and without approaching the appellate authority, he cannot maintain a Writ Petition. Hence, this Writ Petition is liable to be dismissed. Accordingly, this Writ Petition stands dismissed. However, liberty is granted to the petitioner to challenge the order passed by the 3rd respondent before the appellate authority, if he so advised. No costs. Consequently, connected Writ Miscellaneous Petitions are closed. Sd/- Assistant Registrar(CS-IX) //True Copy// Sub Assistant Registrar rpp To

1. The Chief Secretary, Government of Tamil Nadu, Secretariat, Fort St. George, Chennai-600 009.

2. The Inspector General of Societies, (Registration), No.100, Santhome High Road, Chennai-600 028.

3. The District Registrar (Admn.), No.17, Rajaji Road, Opp. To Kavitha Studio, Chengalpattu.

4. The Director, Stationery and Printing Department, Mount Road, Chennai.

+1cc to M/s.D.Muthukumar, Advocate, S.R.No.13947 +1cc to the Special Government Pleader, S.R.No.14147 W.P.No.7267 of 2016 SKM(CO) SU(08/04/2022)