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Madras High CourtWP/41272/2025disposed of with direction

Kremmer Sandegren And Paul Sandegren Memorial Foundation v. The Inspector General Of Registration,

2025-11-04Honourable Mr Justice M.Dhandapani6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04-11-2025

CORAM

THE HONOURABLE MR JUSTICE M.DHANDAPANI Kremmer Sandegren And Paul Sandegren Memorial Foundation Rep. By Its President E.Ravi Anand Kumar, Old No.7, New No.103, 1st Floor, Kondi Chetty Street, Chennai-600 001.

Petitioner(s) Vs The Inspector General Of Registration, 100, Santhome High Road, Mylapore, Chennai-600 004.

Respondent(s) PRAYER;

This writ petition is filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the respondent to number the appeal filed by the petitioner on 09.05.2024 against the order passed by the District Registrar, Pattukottai vide impugned order A.D.M. No.805/E/2024 dated 13.03.2024 and to dispose of the appeal pending on the file of the respondent. For Petitioner(s):

Mr.C.V.Shyam Sunder For Respondent:

Mr.U.Bharanidharan, AGP

ORDER

This petition has been filed seeking a direction to the respondent to number the appeal filed by the petitioner on 09.05.2024 against the order passed by the District Registrar, Pattukottai vide impugned order A.D.M.

No.805/E/2024 dated 13.03.2024 and to dispose of the appeal pending on the file of the respondent.

2. It is the case of the petitioner that the petitioner foundation is existing the year 1972. Initially, CJ Sandegren who came and settled in India from Sweden, was associated with the Leipzig Evangelical Lutheran Mission and had subsequently married on Theodore Kremmer and both of them in 1936 formed the church of swedish mission counsel in south India. The church of Swedish Mission in South India purchased several properties. After the demise of CJ Sandegren, the said Church of Swedish Mission in South India was headed by one Erickson and subsequently, in the year 1936, handed over the mission to Johan Sandegren. In 1957, Johan Sandegren formed a new foundation in the memory of his parents known as Kremmer Sandegren Foundation.

In the said Foundation, Johan Sandegren acted as President and his younger brother Payl Sandegren acted as its Dean and Chaplain. Subsequently, all the properties owned by the Church of Swedish Mission Counsel in South India were merged with and taken over by the said Kremmer Sandegren Foundation. Due to advanced age, Paul Sandegren who was the Dean of the said Kremmer Sandefren Foundation was transferred to the name of J.Sevaraj. In the year 2009, the said Selvaraj executed a Will directing one Chinnadurai to continue the instructions of Paul Sandegren. Thereupon a new foundation was registered as 7/2022 and the son of late A.S.Dhanraj, P.

President at Pudhukottai. Subsequently, for administrative reasons, the said foundation was shifted to Pattukkottai and registered as No.9/2023. The Society had submitted the statutory form VII for the year 2021-2022 along with the relevant attachments before the respondent vide resolutation dated 17.03.2023 and the same was accepted by the respondent and taken on file. For the subsequent year, a General Body meeting was held by the Society. The petitioner submitted Form VI & VII in order to recognise the resolutions dated 17.03.2023 and the same was accepted by the respondent and taken on file. For the subsequent year, a general body meeting was held by the Society. The petitioner submitted Form VI & VII in order to recognise the resolution before the District Registrar Pattukottai at their office at Pattukottai dated 07.03.2024. On 13.

03.2024, the District Registrar even without hearing the petitioner returned the For-VII submitted by the petitioner dated 07.03.2024. Against the said order, the petitioner had filed a statutory appeal under Section 45 of the Tamil Nadu Soceities Registration Act before the Inspector General of Registration, Mylapore, Chennai. The respondent herein viz.,Inspector General of Registration, has kept the matter pending and they have not even numbered the appeal nor taken it up for hearing till date. Hence, the present writ petition.

3. The learned counsel for the petitioner submitted that this Court may direct the respondent to number the appeal filed by the petitioner under Section 45 of the Societies Registration Act and pass orders on the petitioners appeal

within the stipulated time as fixed by this Court.

4. The learned Additional Government Pleader submitted that with regard to the issue, a civil suit is pending before the concerned Court. When a suit is pending, the respondent cannot decide the issue.

5. Heard the learned counsel for both side and perused the materials available on record.

6. On perusal of the same, it is seen that the petitioner made Form-VII application before the District Registrar. However, the District Registrar has refused to register the said application on the ground that the civil suit is pending. However, the said civil suit has not filed against the petitioner and the petitioner does not know about the civil suit.

7. Hence, this court directs the District Registrar, Pudukottai to furnish the details to the petitioner with regard to the civil suit pending to enable the petitioner to work out his remedy, within a period of four weeks from the date of receipt of a copy of this order.

8. With the above directions, the writ petition is disposed of. No costs. 04-11-2025

rli Index:Yes/No Speaking/Non-speaking order Internet:Yes To The Inspector General Of Registration, 100, Santhome High Road, Mylapore, Chennai-600 004.

M.DHANDAPANI J.

rli 04-11-2025