M.S.P.Senthi Kumar v. The District Registrar (Societies)
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.04.2025
CORAM:
THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH M.S.P.Senthi Kumar : Petitioner Vs.
The District Registrar (Societies), O/o.The District Registrar, Virudhunagar District.
: Respondent P RAYER:
Writ Petitions filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondent to take on file the Form VII sent by the petitioner on 15.03.2025 and register the same within the time frame fixed by this Hon'ble Court. For Petitioner : Mr. M.Mahaboob Fazil for M/s.Roy and Roy Associates For Respondent : Mr.R.Suresh Kumar Addl. Government Pleader
O R D E R
The petitioner has filed this Writ Petition seeking a Writ of Mandamus, directing the respondent to take on file the Form VII submitted by the petitioner on 15.03.2025 and to register the same within a time frame to be stipulated by this Court.
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2. Heard the learned counsel for the parties. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.
3. The petitioner claims to be a Patron of a registered Society bearing Registration No. 3/1949. As per the bye-laws and Section 23(a) of the Tamil Nadu Societies Registration Act, the 'Patron' is vested with the power to constitute an interim Board. In exercise of this power, the petitioner constituted an interim Board and accordingly, submitted Form VII on 15.03.2025, intimating the changes effected in the composition of the Board. The petitioner's grievance is that, despite receipt of Form VII, the District Registrar has failed to take the same on file, even though the Act does not confer any discretion upon the Registrar in this regard. Aggrieved by such inaction, the petitioner has approached this Court by filing the present writ petition.
4. In response, the learned Additional Government Pleader appearing on behalf of the respondent submitted that the petitioner may be permitted to submit a fresh representation to the respondent, detailing the issues raised in the present writ petition. Upon receipt of such 2/5
representation, the respondent will pass appropriate orders in accordance with law.
5. In view of the submissions made by both parties, this Court directs the petitioner to submit a fresh representation to the respondent, citing all the grounds raised in this writ petition, within a period of two weeks from the date of receipt of a copy of this order. On receipt of the said representation, the respondent shall pass appropriate orders on merits and in accordance with law and pass appropriate orders, within four weeks thereafter, after affording a fair hearing to the petitioner and aggrieved persons, if any. It is also made clear that this Court has not expressed any of its views with regard to the merits of the matter and that it is open to the respondent herein to consider the same on its own merits.
6. With the above directions, this writ petition is disposed of. No costs.
22.04.2025 Index : Yes / No Internet : Yes / No PKN 3/5
To The District Registrar (Societies), O/o.The District Registrar, Virudhunagar District.
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VIVEK KUMAR SINGH, J.
PKN W.P.(MD) No.10667 of 2025 22.04.2025 5/5