High Court · 2025

W.P.(MD)No.12827 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURTDATED : 29.04.2025CORAM:THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGHW.P.(MD)No.12827 of 2025Madurai Muthiriyar Pothu Nala Sangam,Rep. By its General Secretary,V.Tamilarasan. ... Petitioner-vs-1. The Secretary to Government, Registration Department, Tamil Nadu State, Fort St.George, Chennai-2.2. The Inspector General of Registration, Office of Inspector General of Registration, No.100, Santhome High Road, Chennai-600 028.3. The District Registrar of Societies, Office of District Registrar, Madurai North, Madurai District.... RespondentsPRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to renew the registration of our Sangam named Madurai Muthiriyar Pothu Nala Sangam, (Reg.No.035/2001) ____________Page 1 of 9 https://www.mhc.tn.gov.in/judis W.P.(MD)No.12827 of 2025by condoning the delay in production of annual reports for the period from 2001 to 2022 as per Section 49 of the Tamil Nadu Societies Registration Act by determining the penalty for the delay and to accept the present annual report submitted by us based on the petitioner's representation dated 15.04.2025.For Petitioner : Mr.S.Vidhya SagarFor Respondents: Mr.R.Sureshkumar Addl. Govt. PleaderORDERThis Writ Petition has been filed seeking a Writ of Mandamus, directing the respondents to condone the delay in filing the annual returns for the period from 2001-2020 and to renew the registration of the petitioner Society.2. The case of the petitioner is that the petitioner Society was established in the year 2001 and it was registered under the Tamil Nadu Societies Registration Act, 1975 before the third respondent and was allotted Registration No.035 of 2001. The further case of the petitioner is that the petitioner Society was established for the benefit of downtrodden Muthiriyar community people. ____________Page 2 of 9 https://www.mhc.tn.gov.in/judis W.P.(MD)No.12827 of 20253. He further contended that there was a change in the management of the Society and hence, the annual returns were not properly submitted during the period from 2001-2020. After the present management took charge, they submitted an application seeking to condone the delay in filing the annual returns and requested the respondents to exercise their powers under Section 49 of the Tamil Nadu Societies Registration Act and condone the delay and renew the registration of the petitioner's Society. Since the same was not considered, the present Writ Petition has been filed before this Court seeking for appropriate direction.4. Heard the learned counsel on either side.5. The issue involved in the present case was considered by another learned Single Judge of this Court in W.P.(MD)No.1699 of 2021 and an order was passed on 29.01.2021, wherein this Court has held that the authority can exercise powers under Section 49 of the Tamil Nadu Societies Registration Act and condone the delay and regularize the filing of the annual returns. This Court is in complete agreement with the view taken by the learned Single Judge.____________Page 3 of 9 https://www.mhc.tn.gov.in/judis W.P.(MD)No.12827 of 20256. This Court taking into consideration of the fact that the petitioner's Society is running for the downtrodden people and has voluntarily taken steps to regularize the functioning of the Society and admittedly, there is a delay in submitting the annual returns for the period from 2001-2020, the same can be condoned by the respondents in exercise of their powers under Section 49 of the Tamil Nadu Societies Registration Act. 7. In view of the above discussions and in the light of the order passed by this Court as stated supra, there shall be a direction to the second respondent to entertain the representation submitted by the petitioner on 15.04.2025 and condone the delay in filing the annual returns for the period from 2001-2020 and consequently, renew the registration of the petitioner Society. This process shall be completed by the second respondent within a period of six (6) weeks from the date of receipt of a copy of this order.8. The petitioner is also directed to make a fresh representation to the second respondent along with all the necessary documents and also a copy of this order.____________Page 4 of 9 https://www.mhc.tn.gov.in/judis W.P.(MD)No.12827 of 20259. This Writ Petition is disposed of with the above directions. No costs. NCC : Yes / No 29.04.2025Index : Yes / No smTo:-1. The Secretary to Government, Registration Department, Tamil Nadu State, Fort St.George, Chennai-2.2. The Inspector General of Registration, Office of Inspector General of Registration, No.100, Santhome High Road, Chennai-600 028.3. The District Registrar of Societies, Office of District Registrar, Madurai North, Madurai District.____________Page 5 of 9 https://www.mhc.tn.gov.in/judis W.P.(MD)No.12827 of 2025VIVEK KUMAR SINGH , J. smW.P.(MD)No.12827 of 202529.04.2025____________Page 6 of 9 https://www.mhc.tn.gov.in/judis W.P.(MD)No.12827 of 2025 W.P.(MD)No.12827 of 2025 VIVEK KUMAR SINGH , J. This Writ Petition is listed today under the caption "for being mentioned" at the instance of the learned counsel for the petitioner.2. The learned counsel for the petitioner submits that the petitioner has filed the present Writ Petition seeking renewal of the registration of the petitioner Sangam, by condoning the delay in submission of annual reports for the period from 2001 to 2022, as per Section 49 of the Tamil Nadu Societies Registration Act, 1975. The petitioner also sought determination of the penalty for such delay and acceptance of the annual reports based on the representation dated 15.04.2025. This Court, by order dated 29.04.2025, disposed of the said Writ Petition with a direction to the second respondent to entertain the petitioner's representation, condone the delay in filing the annual reports for the said period and consequently, renew the registration of the petitioner Society. However, it is brought to the notice of this Court that in the said order dated 29.04.2025, the period of the annual reports has been erroneously mentioned as ''2001–2020'' instead of ''2001–2022''. Therefore, the learned counsel prays for necessary ____________Page 7 of 9 https://www.mhc.tn.gov.in/judis W.P.(MD)No.12827 of 2025correction in the said order.3. In view of the above, the Registry is directed to carry out the necessary correction by substituting the years "2001–2022" in place of "2001–2020" wherever it occurs in the order dated 29.04.2025 and issue a fresh copy of the corrected order forthwith.4. In all other aspects, the order dated 29.04.2025, passed in W.P.(MD)No.12827 of 2025, remains unaltered.smn2 18.06.2025____________Page 8 of 9 https://www.mhc.tn.gov.in/judis W.P.(MD)No.12827 of 2025VIVEK KUMAR SINGH , J. smn2 W.P.(MD)No.12827 of 2025 18.06.2025____________Page 9 of 9