K. Chandrakumar, v. The Inspector General Of

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.12.2017

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVEN W.P.(MD).No.4329 of 2013 K.Chandrakumar

...Petitioner

Vs.

1. The Inspector General of Registration, Santhome High Road, Chennai.

2. The District Collector, Madurai.

3. The Commissioner of Police, Madurai City, Madurai.

4. The Human Rights Organization, (An International Organization), Rep. by its President Suresh Kannan.

5. The Human Rights Organization, (An International Organization), Rep. by its Treasurer Anandhi.

...Respondents

PRAYER : Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the 1st, 2nd and 3rd respondents to ban the 4th and 5th respondent organization as per letter No. 9997/I-1/2009 dated 27.4.2009 of the 1st respondent and consequently take penal action against the 4th and 5th respondent on petitioner's complaint dated 04.03.2013. For Petitioner :

Mr.K.Hema Karthikeyan For Respondents :

Mr.T.S.Mohamed Mohideen, Additional Government Pleader for R.1 to R.3 Ms.P.Malini for R.4 & R.5 ***

O R D E R

Alleging that the respondents 4 & 5 are using the name "Human Rights" in their organization, viz., Human Rights Organization (An International Organization), despite the letter of the first

respondent in No.9997/1-1/2009 dated 27.04.2009, as well as repeated circulars by both the Central as well as State Government, the petitioner has preferred a complaint before the authorities and because of their inaction, the present petition came to be filed.

2. Heard both sides.

3. After some rounds of arguments, the learned Counsel appearing for the respondents 4 & 5 has submitted an affidavit, wherein, it is averred as follows:

"4. I submit that there is ban for using the name Human Rights Organization (An International Organization) as per Letter No.9997/1-1/2009 dated 27.04.2009. If anybody violate the order will attract Penal provision those were using granted time to change the name. After the said modification I have not used the name Human Rights Organization (An International Organization) for any social activities after notification. I have removed the board after notification.

5. I submit that, I am very much interested to do social services to the needy people those who are suffering. Hence I created a trust out of my own fund in the name & style as Human Rights Organization (An International Organization) to serve the needy people. The said service was done in the said name till the ban order was notified. After that I have not carried out the said activities in the name of Human Rights Organization (An International Organization). I have no intention to violate the ban order. I undertake that I will not use the name Human Rights Organization (An International Organization) for any services in future also. I have no intention to carry on a society in the name of Human Rights Organization (An International Organization) by violating the ban order."

4. Recording such submission, this writ petition is closed. However, there is no bar for the authorities concerned to proceed further with the other proceedings, if any initiated already. No costs.

Sd/- Assistant Registrar(T&P) /True Copy/ Sub Assistant Registrar To

1. The Inspector General of Registration, Santhome High Road, Chennai.

2. The District Collector, Madurai.

3. The Commissioner of Police, Madurai City, Madurai.

+ 1 cc TO Mr.K.Hemakartikeyan , Advocate in SR No. 91447 + 1 cc TO The Special Government Pleader in SR No. 91813 gk AE/SKN RSK/SAR4/22.12.2017/3P/6C W.P.(MD).No.4329 of 2013 06.12.2017