Arcot Lutheran Church v. The State Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.11.2019

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU W.P. No. 28983 of 2019 Arcot Lutheran Church, A Society registered under the Tamil Nadu Societies Registration Act, Rep. by its Secretary.

... Petitioner -vs1. The State of Tamil Nadu, Rep. by the Commissioner & Secretary to Government, Commercial Taxes and Religious Endowments Department, Fort St. George, Chennai - 9.

2. The Inspector General of Registration, Registration Department, Chennai - 28.

3. The District Registrar of Societies, Cuddalore, Cuddalore District.

... Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the First Respondent to pass order on issue of delay in the filing of Annual Returns under the Tamil Nadu Societies Registration Act and Rules, by the Petitioner Church from years 1996-1997 till 2017-2018, and consequently, in the event of delay being condoned, to direct the Third Respondent to accept the above mentioned Annual Returns filed by the Petitioner for the period from 1996-97 till 2017-18.

For Petitioner :

Mr. Srinath Sridevan For Respondents:

Mr. T.M. Pappiah Special Government Pleader

O R D E R

Heard Mr. Srinath Sridevan, Learned Counsel for the Petitioner, Mr. T.M. Pappiah, Learned Special Government Pleader appearing for the Respondents, and perused the materials placed on record, apart from the pleadings of the parties. https://hcservices.ecourts.gov.in/hcservices/

2.

The Petition has been filed for a direction to the First Respondent to pass orders on the issue of delay in the filing of Annual Returns under the Tamil Nadu Societies Registration Act, 1975, and Tamil Nadu Societies Registration Rules, 1978, by the Church of the Petitioner from 1996-1997 till 2017-2018, and consequently, in the event of delay being condoned, to direct the Third Respondent to accept the above mentioned Annual Returns filed by the Petitioner for the period from 1996-1997 till 2017-2018.

3.

It is informed by the Learned Special Government Pleader appearing for the Respondents that G.O. (Rt). No. 633 Commercial Taxes and Registration (M1) Department dated 18.11.2019 has been issued by the Government of Tamil Nadu, exempting the Petitioner from the provisions of Rules 17(2), 22 and 26 of the Tamil Nadu Societies Registration Rules, 1978, for having filed the aforesaid documents belatedly with a direction to file the documents without any delay in future. Nothing remains for further consideration in this Writ Petition. 4.

Recording the aforesaid subsequent events, the Writ Petition is disposed. No costs.

Sd/- Assistant Registrar (CS-VI) //True Copy// Sub Assistant Registrar kv/vjt To

1. The Commissioner & Secretary to Government, The State of Tamil Nadu, Commercial Taxes and Religious Endowments Department, Fort St. George, Chennai - 9.

2. The Inspector General of Registration, Registration Department, Chennai - 28.

3. The District Registrar of Societies, Cuddalore, Cuddalore District.

+1cc to Mr.Srinath Sridevan, Advocate, S.R.No. 10042 +1cc to the Government Pleader, S.R.No. 100451 W.P. No. 28983 of 2019 BP(CO) GN(09/01/2020) https://hcservices.ecourts.gov.in/hcservices/