A.Rajendran v. The Inspector General Of Registration,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.01.2021

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No.28296 of 2021 and W.M.P.No.29876 of 2021 A. Rajendran, ......Petitioner vs.

1. The Inspector General of Registration, No.100, Santhom High Road, Mylapore, Chennai-600004.

2. The Deputy Registrar, Office of the Deputy Registrar, District Collector's Office, Trichy Road, Thanjavur.

3. The District Registrar, Office of the District Registrar, Nagapattinam.

4. The Senior Regional Manager, Tamil Nadu Civil Supplies Corporation, Mannargudi Salai, Vilamal, Thiruvarur-613 701.

5. M/s. ARNICA Enterprises Private Limited, The Tamil Nadu Civil Supplies Corporation Transport Contractor,New No.33/1, Old No.35, 1st Street, Secretariat Colony, Kilpauk, Chennai-600010.

6. Mr. J. Kanagarajan,

7. Mr. R. Ganesan .. Respondents PRAYER:Writ Petition filed under Article 226 of the Constitution of India, is issue a Writ of Mandamus, directing the 3rd respondent to consider the representation of the petitioner dated 24.09.2020 and pass appropriate orders in accordance with Tamilnadu Societies Registration Act, 1975 within a time framed by this Court.

For Petitioner : Mr.B. Ramamoorthy For Respondents 1-3 : Mr. R. Kumaravel, Special Government Pleader

ORDER

The petitioner has filed this petition seeking issuance of Writ of Mandamus directing the 3rd respondent respondent to consider the petitioners representation dated 24.09.2020 and pass appropriate orders on the same.

2. Mr. R. Kumaravel, Special Government Pleader takes notice to respondents 1 to 3.

3. The case of the petitioner is that the "Thiruvarur Taluk Lorry Owners Welfare Association" consisting 85 lorry owners and other lorry owners including the petitioner are not supplied with the goods by the respondents 5 to 7 who are the authorized contractors for supplying goods to the lorry owners throughout the State including the Thiruvarur District, due to the influence of one N.R.Pandian who is the President of one "Thiruvarur Lorry Owners Welfare Association" which Association was dissolved under the provisions of the Tamil Nadu Societies Registration Act, 1975 through Government Gazette Notification dated 15.06.2011 in G.O.No.22. Despite being declared as defunct association, the said association is functioning till date at the instance of said N.R.Pandian who is having a political background.

Therefore, the petitioner made a representation to the 3rd respondent to take appropriate action against the "Thiruvarur Lorry Owners Association" which is declared as defunct association however, till date, no action has been taken on the same. Having left with no other alternative, the Present petition has been filed seeking the above relief.

4. Though very many grounds have been raised, learned counsel for the petitioner submits that it would suffice if this Court directs the respondents 3 & 4 to consider the petitioner's representations and pass appropriate orders on the same within the time frame fixed by this Court.

5. Learned Special Government Pleader appearing for respondents 1 to 3 submits that the petitioner has made a representation to the 3rd respondent, however, the 1st respondent is the competent Authority to pass orders on the petitioner's representation.

6. Heard the learned counsel on the either side

7. Upon hearing the learned counsel on the either side,

this Court without expressing any opinion on the merits of the case directs the petitioner to forward a copy of the representations dated 06.12.2020 & 26.02.2021 along with the copy of this order to the 4th respondent. On receipt of the same, the 4th respondent is directed to consider the same and pass appropriate orders within a period of two weeks from the date of receipt of a copy of this order. Further, insofar as the action against the defunct society is concerned, the petitioner shall forward a copy of the representation dated 24.09.2020 along with the copy of this order to the 1st respondent and the 1st respondent is directed to consider the same and pass appropriate orders in accordance with law, after affording an opportunity of personal hearing to respondents 5 to 7, within a period of twelve weeks from the date of receipt of a copy of this order.

8. Accordingly, this writ petition is disposed of with the aforesaid direction. No costs. Consequently, the connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar NHS To

1. The Inspector General of Registration, No.100, Santhom High Road, Mylapore, Chennai-600004.

2. The Deputy Registrar, Office of the Deputy Registrar, District Collector's Office, Trichy Road, Thanjavur.

3. The District Registrar, Office of the District Registrar,Nagapattinam.

4. The Senior Regional Manager, Tamil Nadu Civil Supplies Corporation, Mannargudi Salai, Vilamal, Thiruvarur-613 701.

+1 cc to Government Pleader Sr.NO. 1081 W.P.No.28296 of 2021 W.M.P.No.29876 of 2021 rsi(CO) A.SK(28.01.2022)