IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16/09/2002
CORAM
THE HONOURABLE MR.JUSTICE P.D.DINAKARAN
W.P.No.35521 of 2002
Chennai Pushpa Viyabarigal
and Commission Agents Sangam
rep. by its President,
Mr.T.Mariagnanam,
No.FC-119, Kamaraj Malar Angadi
Koyambedu, chennai.92. .. Petitioner
-Vs-
1. Chennai Pushpa Viyabarigal
Tharagu Agents Sangam
rep. by its President
L.Raju Chettiar.
2. L.Raju Chettiar
3. M.Marimuthu
4. A.Pannerselvam
5. K.S.Mani
6. N.S.Mani
7. S.Balakamatchi
8. M.Manoharan
9. The Registrar of Society
Central Chennai
Chennai.18 .. Respondents
PRAYER:- This writ petition is filed under Article 226 of the Constitution of
India praying to issue a writ of Mandamus as stated within.
For Petitioner : Mr.R.Suresh
For Respondents: Mr.D.Krishna Kumar,
Spl. Govt. Pleader for R9
:ORDER
According to the petitioner, the respondents 2, 3 and 4, who were the
office bearers of the petitioner-Sangam, viz., Chennai Pushpa Viyabarigal and
Commission Agents Sangam, have now delinked themselves from the
petitioner-sangam unilaterally and formed a new sangam, viz., Chennai Pushpa
Viyabarigal Tharagu Agents Sangam, identical with or too nearly resembling the
name of the petitioner-Sangam.
2. Alleging that the respondents 2 to 8 after forming the first
respondent-sangam and registering the same before the 9th respondent have
misappropriated the funds of the petitioner-sangam to the tune of Rs.1.70
Lakhs and are also attempting to encash the amount which was deposited in the
name of the petitioner-sangam, the petitioner-sangam seeks a writ of Mandamus
to direct the 9th respondent to cancel the registration of the first
respondent-sangam and to direct the respondents 3 to 8 to hand over the
charges to the newly elected members and the accounts from the year 1996 to
2002.
3. It is not in dispute that some of the members of the
petitionersangam have filed suit O.S.No.3243 of 2002 on the file of the XVII
Assistant City Civil Court at Chennai seeking bare injunction against the
first respondent-sangam and its office bearers.
4. Under the facts and circumstances of the case, even though the
petitioner-sangam has got effective remedy before the Civil Court with regard
to the alleged misappropriation of funds of the petitionersangam by the
respondents 2 to 8 and also their further attempt in that regard, in my
considered opinion, the 9th respondent is still obliged under law to exercise
the powers conferred under Sections 36 and 37 of the Tamil Nadu Societies
Registration Act, 1975 to take suo-motu action against the respondents 2 to 8
with regard to their alleged misappropriation of the funds of the
petitioner-sangam and also to take appropriate action for the alleged
violation of Section 9(1)(c) of the Tamil Nadu Societies Registration Act,
1975, under which no society shall be registered by a name, which, in the
opinion of the 9th respondent is undesirable, if the name of the newly
registered society is identical with or too nearly resembles with the existing
society. Hence, suffice it to permit the petitioner-sangam to make a
representation to the 9th respondent stating their grievance in this regard
within fifteen days from the date of receipt of copy of this order, and on
receipt of such representation, the ninth respondent shall exercising the
powers conferred under Sections 36 and 37 of the Tamil Nadu Societies
Registration Act, 1975, enquire into the matter and pass appropriate orders,
of course after giving a fair and reasonable opportunity to the
petitioner-sangam as well as the respondents 1 to 8, in compliance of
principles of natural justice, expeditiously, in any event within ninety days
from the date of receipt of such representation. If the petitioner-sangam is
still aggrieved, they are at liberty to move the competent Civil Court for
appropriate relief.
This writ petition is disposed of accordingly. No costs.
Consequently, W.P.M.P.No.53063 of 2002 is also dismissed.
16.9.2002
Index : Yes
Internet: Yes
sasi
To:
The Registrar of Society
Central Chennai
Chennai.18
P.D.DINAKARAN,J.
