Javinder Singh Pawar v. The Registrar Of Societies,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.08.2023
CORAM
THE HONOURABLE MR.JUSTICE C.SARAVANAN and W.M.P.No.20292 of 2019 Javinder Singh Pawar ... Petitioner Vs 1.The Registrar of Societies, Chennai Central, Pycrofts Road, Triplicane, Chennai - 600 014.
2.The Inspector General of Registration, No.100, Santhome High Road, Chennai - 600 028.
3.The Kennel Club of India, Represented by its General Secretary C.V.Sudarsan, No.28 (Old No.89), AA Block, First Street, Anna Nagar, Chennai - 600 040.
... Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, to direct the first respondent to take appropriate action against the office bearers as contemplated under Sections 34 and 36 of the Tamil Nadu Societies Registration Act in 1/5
line with the non-compliance of the order dated 20.09.2018. For Petitioner : No appearance For Respondents :
For R1 & R2 : Mr.K.Tippusulthan Government Advocate For R3 : No appearance
ORDER
This petition has been filed by the third respondent in the above writ petition to recall the order passed by this Court on 28.10.2022.
2. The learned counsel for the petitioner/third respondent would submit that on the aforesaid date both the contesting parties herein namely the petitioner and the respondents herein (third respondent and petitioner in the writ petition) were absent. Hence, the order came to be passed by this Court on the representation of the learned counsel for the second respondent herein. It is submitted that on the date of the aforesaid order, the writ petitition had already become infructuous, in as much as the Deputy Registrar of Society had already passed an order on 07.10.2020, the correrctness of which has been now challenged in C.S.No.339 of 2020. Hence, it is submitted that order passed by this 2/5
Court on 28.10.2022 may be re-called.
3. The learned counsel for the Official respondents have no objection. In view of the above development, the learned counsel for the first respondent/petitioner submits that the matter is now subjudice, parties may be directed to work out their remedy in the suit. Therefore, the order passed by this Court on 28.10.2022 in W.P.No.21091 of 2019 is re-called.
4. Considering the fact that the writ petition itself has become infructuous on the date when the order was passed on 28.10.2022, this writ petition stands dismissed.
18.08.2023 (2/2) Index : Yes/No Speaking/Non-Speaking Order jas To 1.The Registrar of Societies, 3/5
Chennai Central, Pycrofts Road, Triplicane, Chennai - 600 014.
2.The Inspector General of Registration, No.100, Santhome High Road, Chennai - 600 028.
3.The General Secretary, Kennel Club of India, No.28 (Old No.89), AA Block, First Street, Anna Nagar, Chennai - 600 040.
C.SARAVANAN, J.
jas 4/5
and W.M.P.No.20292 of 2019 18.08.2023 5/5