Devasahayam.D v. Union Of India

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.11.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH and W.M.P.(MD).Nos.16231 & 16232 of 2020 D.Devasahayam ... Petitioner Vs 1.The Union of India, Ministry of Corporate Affairs, Represented by its Secretary, Shastri Bhawan, Rajendra Prasad Road, New Delhi -1.

2.The State of Tamil Nadu, Through its Principal Secretary to Government, Registration Department, Secretariat, Fort St. George, Chennai -9.

3.The Registrar of Companies, Chennai, Block No.6, B Wing 2nd Floor, Shastri Bhawan 26, Haddows Road, Chennai -34.

4.The Inspector General of Registration, Raja Annamalai Puram, Chennai -28 5.The District Registrar (Societies), Mahal Road, Madurai -1.

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6.The Church of South India Trust Association, CIN No. U93090TN1947NPL000346, No.5, Whites Road, Royapettah, Chennai -14.

7.The Church of India (CIPBC), through its Metropolitan For India, St. Marys School Para Road, Rajajipuram, Lucknow -226 017 8.Albert Dharmaraj Rasalam, Director -CSITA-DIN 08673189, Moderator-CSI, No.5, Whites Road, Royapettah, Chennai -14.

9.The Secretary, Madurai Ramnad Diocesan Management Association, A.V.H. Building I Floor, 162, East Veli Street, Madurai -1.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 1st respondent to cancel the license issued to 6th respondent Company under section 8(6) of Indian Companies Act 2013 by considering the petitioner's representation dated 20.1.2020 within stipulated time.

For Petitioner : Mr.T.A.Ebanezer For R-1 & R-3 : Mr.S.Jeyasingh, Senior Panel Counsel, Government of India For R-2, R-4 & R-5: Mr.D.Farjana Ghoushia, Special Government Pleader For R-6, R-7 & R-9 : Mr,Mohamed Imran, for M/s.Ajmal Associates 2/5

For R-8 : Mr.T.Antony Arul Raj

O R D E R

This Writ Petition has been filed for the issue of writ of mandamus directing the first respondent to cancel the license issued to the sixth respondent Company by considering the representation made by the petitioner dated 20.01.2020.

2. When the matter was taken up for hearing, the learned counsel appearing for the petitioner submitted that he had already handed over the bundle to the petitioner and given change of vakalat.

3. The petitioner has not chosen to engage any other counsel and prosecute this case.

4. This Court has taken into consideration the counter affidavit filed by the respondent Nos.1 and 3 and the reasons assigned therein for granting license to the sixth respondent under Section 8 (6) of the Indian Companies Act, 2013. This Court does not find any illegality which requires the interference of this Court. It is also brought to the notice of this Court that a similar Writ Petition that was also filed by the petitioner in W.P.(MD).No.7290 of 2021 was dismissed by this Court on the ground that the petitioner has attempted to settle a personal dispute by misusing the public law remedy. 3/5

5. In view of the above, the Writ Petition stands dismissed. No costs. Consequently, the connected miscellaneous petitions are closed. 07.11.2023 NCC:yes/no Index:yes/no Internet:yes/no tsg To 1.The State of Tamil Nadu, Through its Principal Secretary to Government, Registration Department, Secretariat, Fort St. George, Chennai -9.

2..The Inspector General of Registration, Raja Annamalai Puram, Chennai -28 3.The District Registrar (Societies), Mahal Road, Madurai -1.

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N.ANAND VENKATESH, J.

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