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Madras High CourtA/3378/2025ordered

The Kennel Club Of India v. The Government Of Tamil Nadu

2025-08-18Honourable Mr.Justice K.Kumaresh Babu5 pages

A NO. 3378 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18-08-2025

CORAM

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU A.No.3378 of 2025 in C.S.No.339 of 2020 The Kennel Club of India (Registration No.16/1959) Represented by its Secretary cum Treasurer - C.V.Sundarshan.

O.N.89, N.N.28, AA Block, First St. Anna Nagar, Ch-40.

Applicant(s) Vs The Government of Tamil Nadu Rep. by its Sec. to Government, Commercial Taxes and Registration Department, Secretariat, Fort St.George, Ch-9. and 9 Others Respondent(s) For Applicant(s):

Mr.R.Srinivas (Senior Counsel) For M/s.Mythili Srinivas For Respondent(s):

Mr.T.Arun Kumar Additional Government Pleader (For R1 to R3) M/s.Chitra Sampath (Senior Counsel) For M/s.V.G.Suresh Kumar (For R5 to R10)

ORDER

The present application has been filed, seeking deletion of Issue Nos.1 and 8 as framed by this Court in its order dated 26.06.2025 made in C.S.No.339 of 2020 and for addition of three additional issues.

2. Heard Mr.R.Srinivas, learned Senior Counsel appearing on behalf of the applicant and M/s.Chitra Sampath, learned Senior Counsel appearing on behalf of the respondents 5 to 10.

3. As regards to deletion of Issue No.1, that has already been framed as it has been admitted in the plaint by the plaintiff that there has been no merger of the Society bearing Registration No.16 of 1959 and Society bearing Registration No.276/1997, this issue need not be dealt upon and hence the said issue as framed by this Court stands deleted.

4. As regards to Issue No.8 as framed by this Court, as now the additional written statement, covering the same had been made and the plaintiffs have also been permitted to file their reply to the additional written statement, if any, the issue shall stand retained.

5. As regards to the Additional Issues to be framed as sought for in the Judge's Summons, Issue No.1 as raised by the applicant/plaintiff is also covered under Issue No.8 and hence it need not be framed.

6. The learned Senior counsel for the respondents/defendants would have no objection for the Issue Nos.2 & 3 to be framed. In fine, the following orders as passed:

(1) Issue No.1 as framed by this Court in its order dated 26.06.2025 made in C.S.No.339 of 2020 stands deleted and the following issues are framed:

(i) Whether the show cause notice dated 29.10.2020 issued by the 1st defendant in letter No.5097/MI/2020-2 against Society No.276/97 is lawful and enforceable and binding on the plaintiff? (ii) Whether the notices and orders issued by the defendants 1 to 3 in connection with Society No.276/97 are valid and binding on the plaintiff and enforceable against it?

7. The Registry shall amend the order dated 26.06.2025 made in C.S.No.339 of 2020 as indicated above on or before 04.09.2025. 18-08-2025 (1/4) kak

To

1. The Government of Tamil Nadu Rep. by its Sec. to Government, Commercial Taxes and Registration Department, Secretariat, Fort St.George, Ch9.

2. The Inspector General of Registration No.120, Santhome High Road, Bharathi Nagar, Raja Annamalaipuram, Ch28.

3. The District Registrar (Admin) AIG Cadre, Chennai Central, Ch-14.

4. Capt. Sunny Jacob B-6, Hermes Park, 30, Bund Garden, Pune-411001, Mumbai, Maharashtra.

5. Partha Sekhar Chatterjee No.92, Garpar Road, Calcutta-700009, West Bengal.

6. Somnath Mukherjee No.26-B, Ananda Palit Road, Calcutta-700014, West Bengal.

7. Nagina Bokkapuram Village, Masanagudi, Casa Deep Woods Jungle Resort, Nilagiri District-643223.

8. R.Chockalingam@ R.C.Lingam No.11B/6, Newsion Co-operative Society, Opp. SIES College, Mumbai400022, Maharashtra.

9. D.Krishnamurthy No.240, Race Course Road, Coimbatore-641018.

10. Vikram Dhamodaran No.24, Kamaraj Road, Coimbatore-641018.

K.KUMARESH BABU, J.

kak A.No.3378 of 2025 in C.S.No.339 of 2020 18.08.2025