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Madras High CourtWP(MD)/15740/2025dismissed

M.Shivakumar v. Deputy Inspector General Of Registration

2025-06-11Honourable Mr Justice C. Saravanan6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.06.2025

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN and W.M.P(MD)No.11947 and 11948 of 2025 M.Shivakumar ... Petitioner Vs.

1.The Deputy Inspector General of Registration, Ramanathapuram District, Ramanathapuram.

2.The District Registrar, Virudhunagar District, Virudhunagar.

3.Aruppukottai Nadargal Uravinmurai Pothu Abiviruthi Trust, Rep. by its Secretary, No.42, Big Bazaar Street, Aruppukottai 626 101.

4.Sudhakar, President of Aruppukottai Nadargal Uravinmurai Pothu Abiviruthi Trust, No.42, Big Bazaar Street, Aruppukottai 626 101.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, calling for the records pertaining 1/6

to the acceptance of Form VII vide application No.45/2025 dated 10.03.2025 issued by the second Respondent and quash the same as being violative of Clauses 2(7) and 11(5) of the bye-laws of the third Respondent Society and Rule 25 of the Tamil Nadu Societies Registration Rules, 1978. For Petitioners : Mr.R.Udhayakumar For R1 & R2 : Mr.D.Ghandiraj Special Government Pleader For R3 & R4 : Mr.A.V.Arun Standing Counsel

ORDER

The petitioner has filed this writ petition in respect of which identical prayer sought for by the petitioner before this Court in W.P(MD)No.14273 of 2025, which came to be disposed of by this Court by order dated 21.05.2025.

2. It is the specific case of the petitioner that the said writ petition was disposed of based on the submission made by the learned Additional Government Pleader stating that the Deputy Inspector General of Registration had passed an order on 11.11.2024, wherein, he has issued a direction the District Registrar to accept the Form VII. Based upon the instructions issued by the Deputy Inspector General of Registration, District Registrar has passed the 2/6

order. It is the further case of the petitioner that the he has secured a copy of the order dated 11.11.2024 passed by the Deputy Inspector General of Registration, which according to the petitioner only directs the Registrar to take the documents on record, pass appropriate orders and provide necessary information. There is no positive direction to accept Form VII.

3. That apart, the learned counsel for the petitioner would submit that although elections were held to the office of the President, Vice President and trustee of the Sri Amuthalingeswarar Sri Muthumariamman Devasthana Turst and no election was held for the rest of the 70 office bearers. The acceptance of Form VII in respect of the rest of the 70 office bearers was incorrect and therefore, the writ petition deserves to be admitted and eventually allowed.

4. Heard the learned counsel for the petitioner and the learned Special Government Pleader for the respondents 1 and 2 and the learned Standing Counsel for the respondents 3 and 4.

5. Prima facie, the petitioner has sought to establish an error apparent on the face of record in the order passed on 21.05.2025 based on the submission 3/6

made by the learned Additional Government Pleader which stands recorded in Paragraph No.3 of the aforesaid order, dated 21.05.2025. Therefore, the only option available for the petitioner at this point of time is not to file a petition rather the petitioner has to file a suitable application for rectification /review of the aforesaid order, dated 21.05.2025.

6. Therefore, this writ petition is dismissed with liberty to file suitable application for rectification/review of the order, dated 21.05.2025, based on the documents obtained under RTI. The objections raised by the officials as well as the private respondents are left open to be canvassed before the Court in the proposed application to review the order, dated 21.05.2025. There shall be no order as to costs. Consequently, the connected miscellaneous petitions are closed.

11.06.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No sn 4/6

To 1.The Deputy Inspector General of Registration, Ramanathapuram District, Ramanathapuram.

2.The District Registrar, Virudhunagar District, Virudhunagar.

3.The Secretary, Aruppukottai Nadargal Uravinmurai Pothu Abiviruthi Trust, No.42, Big Bazaar Street, Aruppukottai 626 101.

4.Mr.Sudhakar, President of Aruppukottai Nadargal Uravinmurai Pothu Abiviruthi Trust, No.42, Big Bazaar Street, Aruppukottai 626 101.

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C.SARAVANAN, J.

sn 11.06.2025 6/6