G. Pitchaiya, v. Tamil Nadu Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.09.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and M.P(MD)Nos.1 to 4 of 2015 G.Pitchaiya ... Petitioner Vs 1.The State represented by The Deputy Secretary, Commercial Tax and Registration Department, St.George Fort, Chennai - 600 009.

2.The Inspector General of Registration, 100, Santhome High Road, Pattinapakkam, Chennai - 600 028.

3.The District Registrar, District Registrar Office, Tenkasi, 4.The Illanji Kalvi Sangam, Represented through its Secretary, Ramasamy Higher Secondary School, Ilanji, Tenkasi Taluk, 1/5

5.A.Shenbagam (R.5 is impleaded vide order of this Court dated 29.08.2023)

...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 relating to the Order in Letter No. 11388/M1/2014-2 dated 23.02.2015 passed by the first respondent and quash the same in consequence of the same direct the respondents 1 to 3 to take action in accordance with Section 34-A of Tamil Nadu Societies Registration Act 1975 against "The Ilanji Kalvi Sangam", Ilanji, For Petitioner : Mr.B.Rajesh Saravanan For Respondents : Mr.S.RA.Ramachandran Additional Government Pleader for R.1 to R.3 Mr.S.Meenackshi Sundaram for R.4 Mr.E.V.N.Siva for R.5

ORDER

Heard the learned counsel on either side.

2. What is under challenge is the communication issued by the Government to the Inspector General of Registration seeking clarification on the recommendation made by the Inspector General of Registration for 2/5

appointing Special Officer under Section 34-A of the Tamil Nadu Societies Registration Act, 1975 for the fourth respondent sangam.

3. The impugned communication is only a communication between the Department and the Government. No concrete order having implication on the civil rights of any person had been passed. If any such order is passed by the Government it can always be questioned by the aggrieved individuals. The impugned communication by itself does not give rise to any cause of action.

4. Leaving open the rights of the petitioner and granting him liberty to question any formal order passed under Section 34-A of the of the Tamil Nadu Societies Registration Act, 1975, this writ petition is dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.

01.09.2023 Index : Yes / No Internet : Yes / No NCC : Yes / No MGA 3/5

To 1.The Deputy Secretary, Commercial Tax and Registration Department, St.George Fort, Chennai - 600 009.

2.The Inspector General of Registration, 100, Santhome High Road, Pattinapakkam, Chennai - 600 028.

3.The District Registrar, District Registrar Office, Tenkasi, 4/5

G.R.SWAMINATHAN, J.

MGA and M.P(MD)Nos.1 to 4 of 2015 01.09.2023 5/5