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Madras High CourtWP(MD)/5434/2022allowed

Tamilnadu Naidu Mahaja Sangam v. The Inspector General Of Registration

2022-07-27Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.07.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Tamilnadu Naidu Mahaja Sangam, Through its Secretary, R.Srinivasa Naidu, S/o. Raju Naidu, 15B, Ayyanar Koil Street, Anupanadi, Madurai - 625 009.

... Petitioner Vs 1.The Inspector General of Registration, 100, Santhome High Road, Chennai - 600 028.

2.The District Registrar (Administration) (In the cadre of Assistant Director of Registration) Madurai North, Thirumohoor Road, Rajagambeeram, Madurai - 625 107.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records of the second respondent culminated in the Order dated 09.07.2021 in Na.Ka. 4987/E1/2020 and quash the same and consequently, direct the second respondent to take on the file Form VI of Tamil Nadu Mahajana Sangam. 1/4

For Petitioner : Mr.C.Sundaravadivel For Respondents : Mr.J.K.Jeyaseelan Government Advocate

ORDER

Heard the learned counsel on either side.

2. The writ petitioner is a registered Society. The petitioner submitted Form VI before the second respondent. The submission of Form 6 was pursuant to the direction given by the Principal Seat in W.P.Nos.22948 & 30567 of 2002 on 17.09.2018. It appears that the submission of Form VI was beyond the three months period specified by this Court. Only on the ground that Form VI has been belatedly submitted, the second respondent had declined to take the same on file.

3. I am of the view that the second respondent need not have adopted such a strict technical approach. It is well settled that such Forms can be submitted even after the expiry of the statutory period. There is no rival claim or objection. The matter concerns the membership list of the writ petitioner's Society. Form VI appears to be a corrected list. The ineligible and deceased members have been deleted. If the corrected list of members is not taken on file, certainly it would only cause confusion. 2/4

4. In this view of the matter, the impugned communication is set aside and the second respondent is directed to register the Form VI as submitted by the writ petitioner forthwith and without any delay subject to fulfilment of the usual formalities. This writ petition is allowed. No costs. 27.07.2022 Index : Yes / No Internet : Yes/ No mga To 1.The Inspector General of Registration, 100, Santhome High Road, Chennai - 600 028.

2.The District Registrar (Administration) (In the cadre of Assistant Director of Registration) Madurai North, Thirumohoor Road, Rajagambeeram, Madurai - 625 107.

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G.R.SWAMINATHAN, J.

mga 27.07.2022 4/4