Madras High CourtWP/16574/2014disposed of

N.Natesan v. The Secretary To Government

2019-03-25Honourable Mr Justice D. Krishnakumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.03.2019

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.No.16574 of 2014 --- M.Natesan ..

Petitioner Vs The Secretary to Government Department of Commercial Taxes (Societies Affairs) Secretariat, Fort St.George Chennai-9 ..

Respondent Prayer:- This Writ Petition is filed, under Article 226 of Constitution of India, to issue a writ of Mandamus, directing the respondent to consider the Petitioner's application for exemption dated 20.02.2014 and pass orders on the same.

For Petitioner :

Mr.K.S.Kumar For Respondent :

Mr.P.P.Purushothaman, Government Advocate

ORDER

This Writ Petition is filed praying for a direction to the respondent to consider the Petitioner's application for exemption dated 20.02.2014.

2. It is submitted by the Petitioner that the District Registrar of Chennai South has informed that the Society viz., Pattabiram Nadargal Iykkia Sangam which has been registered under the Societies Registration Act, has not submitted its accounts from 2005 to 2011 and therefore, elections cannot be conducted without renewing the society. The Petitioner sent a representation to the District Registrar on 09.01.2012 requesting the respondent to renew the registration for the society so as to enable to conduct the election. In this connection, Application under Section 54 of Tamil Nadu Societies Registration Act for exemption has been filed before the Secretary to Government, Commercial Tax Department on 20.02.2014. Thereafter, reminder dated 02.05.2014 has also been sent. Since no order has been passed on the application, the petitioner is before this court.

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3. The learned Government Advocate appearing for the respondent submits that Petitioner's application for exemption will be considered in accordance with law.

4. Considering the limited scope of the prayer sought for in this writ petition and also after taking into submissions made on both sides, the respondent is directed to consider the Petitioner's application for exemption dated 20.02.2014 and pass appropriate orders on merits and in accordance with law, as expeditiously as possible, preferably within twelve weeks from the date of receipt of a copy of this order, after providing opportunities to the parties concerned.

Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar nvsri To The Secretary to Government Department of Commercial Taxes (Societies Affairs) Secretariat, Fort St.George Chennai-9 +1cc to Mr. K.S.Kumar, Advocate SR.No. 27864 +1 cc to Government Pleader Sr.No.29126 WP.16574 of 2014 A.SK(15/05/2019) https://hcservices.ecourts.gov.in/hcservices/