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Madras High CourtWP(MD)/2449/2024disposed of

The Cosmopolitan Club v. The Inspector General Of Registration

2024-02-06Honourable Mrs Justice V.Bhavani Subbaroyan6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 06.02.2024

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P(MD)No.2449 of 2024 The Cosmopolitan club, Represented by its President, D.Arumugasamy.

...Petitioner

/Vs./ 1.The Inspector General of Registration, Registration Department, No. 120, Santhome Highways, Pattinampakkam, Chennai 600 028.

2.The Deputy Inspector General of Registration, Combined Registration Complex, St.Marx Street, Near Sankar Colony, Back Side of Johns Higher Secondary School, Tirunelveli 627 002.

3.The District Registrar (Society), Palayamkottai District Registrar Office, Palayamkottai, Tirunelveli District.

4.The Sub Registrar, (Societies Registrar ), No.1, Joint Sub Registrar Office, Palayamkottai, Tirunelveli District.

...Respondents

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Prayer: Writ Petition - filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents 3 and 4 to complete the enquiry in Na.Ka.No.730/A2/2023 dated 29.08.2023 and approved the Form 6, Form 7 and Auditing Report of Cosmopolitan Club, Door No. 138A, Ilayarasanentnal Road, Kovilpatti Taluk, Thoothukudi District in the light of the petitioner's representation dated 09.01.2024 within a time stipulated by this Court.

For Petitioner : Mr.A.Sankararamasubramanian For Respondents : Mr.S.Shanmugavel Additional Government Pleader

ORDER

This Writ Petition has been filed for issuance of writ of mandamus, directing the respondents 3 and 4 to complete the enquiry in Na.Ka.No. 730/A2/2023 dated 29.08.2023 and approve the Form 6, Form 7 and Auditing Report of Cosmopolitan Club, Door No.138A, Ilayarasanentnal Road, Kovilpatti Taluk, Thoothukudi District, in the light of the petitioner's representation dated 09.01.2024 within a time stipulated by this Court.

2. According to the petitioner, the petitioner club was registered on 15.03.1960 before the third respondent. On 29.06.2023, General Body Meeting was held and a Resolution was passed by the members of the club electing the 2/6

President, Secretary and other office bearers, for which Form 6, Form 7, auditing report and other documents were submitted before the fourth respondent on 07.07.2023 for approval. Till date, it has not been approved. Instead, the third respondent issued notice dated 29.08.2023 on the basis of the complaint given by the 7 members of the club, calling the petitioner for an enquiry on 26.09.2023. On that date, the petitioner appeared and submitted his written explanation. The persons, who are objecting threatened the petitioner and other office bearers preventing the functioning of the petitioner club. In this regard, the President and the Secretary of the Club have filed a suit in O.S.No.174 of 2023, which is also pending. The petitioner has given his representation dated 09.01.2024 to the respondents to complete the enquiry and approve the aforesaid documents. Since it has not been considered till date, the present writ petition has been filed.

3. The learned Additional Government Pleader appearing for the respondents submits that the enquiry will be completed and orders will be passed.

4. Heard the learned counsel for the petitioner and learned Additional Government Pleader appearing for the respondents. 3/6

5. Considering the facts and circumstances of this case, this Court without expressing any opinion on the merits of the matter, directs the respondents to complete the enquiry in Na.Ka.No.730/A2/2023 dated 29.08.2023 and pass appropriate orders on merits and in accordance with law, by considering the representation of the petitioner dated 09.01.2024 on or before May 31stof 2024.

6. With the above directions, this writ petition is disposed of. No costs. 06.02.2024 NCC : Yes/No Index : Yes/No sm 4/6

TO:- 1.The Inspector General of Registration, Registration Department, No. 120, Santhome Highways, Pattinampakkam, Chennai 600 028.

2.The Deputy Inspector General of Registration, Combined Registration Complex, St.Marx Street, Near Sankar Colony, Back Side of Johns Higher Secondary School, Tirunelveli 627 002.

3.The District Registrar (Society), Palayamkottai District Registrar Office, Palayamkottai, Tirunelveli District.

4.The Sub Registrar, (Societies Registrar ), No.1, Joint Sub Registrar Office, Palayamkottai, Tirunelveli District.

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V.BHAVANI SUBBAROYAN, J.

sm Order made in W.P(MD)No.2449 of 2024 Dated:

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