Madras High CourtWP(MD)/3452/2022disposed of

Parasuraman M v. The Inspector General Of Registration

2022-02-23Honourable Mr Justice Abdul Quddhose2 pages

W.P.(MD)No.3452 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.02.2022

CORAM

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.(MD)No.3452 of 2022 and W.M.P.(MD)No.3026 of 2022 M.Parasuraman ... Petitioner vs.

1.The Inspector General of Registration, 120, Santhome High Road, Chennai - 28.

2.The District Registrar (Society Registration), Dindigul District.

3.Rajaram ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the respondents 1 and 2 to take necessary action and complete the enquiry by considering the representation of the petitioner dated 17.09.2020 within a time frame stipulated by this Court. For Petitioner :Mr.G.Prabhu Rajadurai For Respondents :Mr.S.Shanmugavel Additional Government Pleader *****

O R D E R

This Writ Petition has been filed for a Mandamus seeking for a direction to the respondents 1 and 2 to take necessary action and complete the enquiry by considering the representation of the petitioner dated 17.09.2020 within a time frame to be fixed by this Court.

2.It is the case of the petitioner that he is the governing member of Arulmighu Santhakula Sowmya Narayana Kavara Samuthaya Kattalai, which was registered under the Societies Registration Act, 1975. It is the case of the petitioner that the third respondent has also obtained registration under the Societies Registration Act, 1975, in the very same name. In such circumstances, he has given a representation on 17.09.2020 to the respondents 1 and 2 seeking for cancellation of the registration obtained by the third respondent under the Societies Registration Act, 1975. Since the said representation has not been considered till date, he has filed the present Writ Petition.

3.Heard Mr.G.Prabhu Rajadurai, learned Counsel for the petitioner and Mr.S.Shanmugavel, learned Additional Government https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.3452 of 2022 Pleader accepts notice on behalf of the respondents 1 and 2. 4.The learned Additional Government Pleader, on instructions, would submit that on the petitioner's representation, dated 17.09.2020 enquiry has already commenced. According to him, the last date of enquiry was on 15.02.2022. The said statement is recorded.

5.Since enquiry has already commenced, no prejudice will be caused to the respondents, if the petitioner's representation is considered on merits and in accordance with law after affording a fair hearing to the petitioner as well as the third respondent within a time frame to be fixed by this Court. 6.Accordingly, this Court directs the second respondent to consider and pass final orders on the petitioner's representation, dated 17.09.2020 seeking for cancellation of the registration of the Society obtained by the third respondent in the name of Arulmighu Santhakula Sowmya Narayana Kavara Samuthaya Kattalai, within a period of twelve weeks from the date of receipt of a copy of this order after affording a fair hearing to the petitioner as well as the third respondent.

7.With the above observation, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS-I) // True Copy // / /2022 Sub Assistant Registrar(CS) cmr To 1.The Inspector General of Registration, 120, Santhome High Road, Chennai - 28.

2.The District Registrar (Society Registration), Dindigul District.

+1 CC to M/s.SPL GP ( SR-8378[F] dated 24/02/2022 ) +1 CC to M/s.G.PRABHU RAJADURAI, Advocate ( SR-8433[F] dated 24/02/2022 ) Order made in W.P.(MD)No.3452 of 2022 23.02.2022 nsn(CO) TR(08.03.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2