Madras High Court
Urimam Petra Kaikari Vyaparigal vs The Inspector General Of Registration on 28 March, 2016
Author: R. Subbiah
Bench: R. Subbiah
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Orders Reserved on : 08.03.2016
Pronounced on : 28-03-2016
Coram
THE HONOURABLE MR. JUSTICE R. SUBBIAH
Writ Petition No. 40314 of 2015
and
M.P. Nos. 1 and 2 of 2016
Urimam Petra Kaikari Vyaparigal
Podhu Nala Sangham (Regd.No.282/98)
represented by its Secretary
Mr. S.R.M. Jayaraman
G-68, Periyar Market
Koyambedu Wholesale Market Complex
Koyambedu, Chennai - 600 092 .. Petitioner
Versus
1. The Inspector General of Registration
Inspector General of Registration Office
Santhome High Road, Chennai - 600 004
2. The District Registrar (Administration)
Additional Registration Department temporary
(Additional Post)
Central Madras
Chennai - 600 014 .. Respondents
Petition filed under Article 226 of The Constitution of India praying for a Writ of Certiorari calling for the records of the second respondent in his proceedings No.15 of the Tamil Nadu Government Gazzette notification dated 23.04.2014 issued under Section 44 (4) of the Tamil Nadu Societies Registration Act, 1975 and quash the same.
For Petitioners : Mr. M. Raja Sekhar
For Respondents : Mr. P. Sanjay Gandhi
Additional Government Pleader
ORDER
The petitioner, an Association of Vegetable Vendors, has filed this writ petition questioning the validity and correctness of the gazzette publication dated 23.04.2014 passed by the second respondent. In and by the said publication dated 23.04.2014, the name of the petitioner Sangam along with other associations were declared as defunct societies and the same was published in the gazzsette notification as contemplated under Section 44 of the Tamil Nadu Societies Registration Act, 1975 (Act No.27 of 1975). The petitioner is listed in serial No.257 of the gazzette publication dated 23.04.2014.
2. According to the petitioner, their Sangam was registered in the year 1998 on the file of the second respondent vide Registration No. 282 of 1998 under the provisions of The Tamil Nadu Societies Registration Act, 1975. The petitioner Sangam has been allotted a godown namely G-88 on 03.11.1999 in Periyar Vegetable Market, Koyambedu Wholesale Market Complex, Chennai which is being used by the members of the petitioner association for loading and unloading of vegetables. According to the petitioner association, some of it's members did not pay the subscription amount properly and in time which led to the petitioner Sangam not maintaining proper books of accounts, expenditure of account and balance sheet certified by the auditor. However, the petitioner association continuously carrying on the business in the market complex. In such circumstances, the petitioner sent a representation dated 07.08.2014 to the second respondent stating that they are ready to produce the books and accounts and also undertook to pay the necessary fee payable by them. In response, the second respondent sent a communication dated 18.08.2014 declaring the petitioner as defunct society as contemplated under Section 44 (4) of the Tamil Nadu Societies Registration Act, 1975. Challenging the same, the petitioner has filed WP No. 25199 of 2014 before this Court and it was dismissed on 18.11.2015 holding that the petitioner association has not challenged the gazzette publication made by the second respondent declaring their association as a defunct association. In the meantime, the petitioner has filed W.A. No. 1673 of 2015 before the Division Bench of this Court and it is pending. In the above facts and circumstances, the petitioner association has filed this writ petition challenging the gazzette publication made by the second respondent.
3. The learned counsel for the petitioner association would mainly contend that the second respondent did not issue a statutory notice as contemplated under Section 44 (1) and (2) of The Tamil Nadu Societies Registration Act, 1975 before passing the impugned gazzette publication under Section 44 (4) of the said Act declaring them as defunct association. Therefore, according to the counsel for the petitioner, the impugned gazzette publication made by the petitioner is vitiated for non-compliance of the provisions of Section 44 (1) and (2) of The Tamil Nadu Societies Registration Act, 1975.
4. On the other hand, the learned Additional Government Pleader appearing for the respondents would vehemently contend that it is not necessary for the second respondent to comply with the provisions of Section 44 (1) and (2) of The Tamil Nadu Societies Registration Act, 1975. But the fact remains that a notice was sent to the petitioner by the second respondent by ordinary post and it was also duly delivered to the petitioner association. Therefore, the learned Additional Government Pleader appearing for the respondents prayed for dismissal of the writ petition.
5. I heard the counsel for the petitioner and the learned Additional Government Pleader appearing for the respondents. I had carefully perused the materials placed on record. Admittedly, the petitioner association has not maintained the books of accounts and records as required under Section 16 of The Tamil Nadu Societies Registration Act, 1975, as could be evident from the affidavit filed in support of the writ petition. The petitioner association is also in arrears of huge amount towards rental arrears from 10.11.1999 to 15.04.2014 to the tune of Rs.84,90,786/- with outstanding interest together with 12.36% service tax and maintenance charges of Rs.1/- per square feet on or before 15.04.2014. When such a demand was made by the Chennai Metropolitan Development Authority by a communication dated 28.03.2014, the petitioner association filed WP No. 11054 of 2014 before this Court challenging the said communication dated 28.03.2014. The petitioner also filed 25199 of 2014 before this Court to quash the communication dated 18.08.2014 of the second respondent herein in and by which the petitioner association was dissolved as per Section 44 (4) of The Tamil Nadu Societies Registration Act, 1975. Yet another writ petition No. 14776 of 2015 was filed by the petitioner challenging the communication dated 13.05.2015 of the Chief Administrative Officer, Market Management Committee, Koyambedu Whole Sale Market, Chennai calling upon the petitioner to vacate and handover vacant possession of the godown let out to the association on or before 15.05.2015 inasmuch as the petitioner association did not comply with the conditional order passed by this Court in MP No. 1 of 2014 in WP No. 11054 of 2014 dated 17.04.2014 for payment of certain amount. All these writ petitions, along with two other petitions filed by individual members against the action of the respondents therein, have been taken up for hearing together. By a common order dated 18.11.2015, this Court dismissed all the above writ petitions. The relevant portion of the order dated 18.11.2015 can usefully be extracted as under:-
"12. Heard the learned counsel for the parties.
13. Urimam Petra Kaikari Vyabarigal Podunala Sangam was allotted a godown bearing No.G-88 measuring 4115 sq.ft., on rental basis at Rs.9.10 per sq.ft., by the allotment order dated 3.11.99 in letter no.MMC/KWMC/JE(C)/10/99 for a period of eleven months. After taking physical possession of the said godown on 10.11.99, the affairs between the sangam and the respondents could not move smoothly, for it appears that the sangam had inducted some third parties by converting the godown into shops without prior permission from the competent officers. Secondly, when rents were not duly paid, the respondent-CMDA, on receipt of the monthly rent from some of the third parties who were subsequently inducted at the instance of the sangam, attempted to allot the above portion of the godown to third parties who are not members of the sangam, therefore, the petitioner sangam filed Writ Petition No.12075 of 2005 challenging the proceedings dated 3.3.2004 issued by the Chief Administrative Officer, Market Managing Committee, Koyambedu wholesale market complex, in and by which one R.Ramesh Babu was directed to pay a sum of Rs.79,984/- as rent for running the shop in a portion of G-88 godown. This Court, by order dated 31.1.2013, recording the statement made by the petitioner sangam that they were ready and willing to pay the rent including the arrears, directed the respondent-CMDA to receive the rent from the petitioner sangam including the arrears. Pursuant to the order passed by this Court, the rental arrears payable by the petitioner sangam from 10.11.99 to 15.4.2014 has been worked out to Rs.84,90,786/- with interest and thereupon a letter bearing No.K2/9228/03 dated 28.3.2014 was issued by the Member Secretary and the Chief Administrative Officer in-charge of CMDA to the occupants of the godown bearing No.G-88 to pay the aforesaid amount, failing which eviction would be carried out without any further notice. The petitioner sangam filed W.P.No.11054 of 2014 challenging this impugned order dated 28.3.2014. This Court, by order dated 17.4.2014 in M.P.No.1 of 2014, passed an order granting stay subject to the condition to pay Rs.10 lakhs, out of which Rs.5 lakhs to be paid on or before 30.4.2014 and another Rs.5 lakhs on or before 31.5.2014, failing which the interim order would stand automatically vacated. The said order reads as under:-
'There will be an interim stay on condition the petitioner pays Rs.10 lacs, out of which Rs.5 lacs to be paid before 30.4.2014 and another Rs.5 lacs on or before 31.05.2014 failing which the interim order shall stand vacated automatically. The petitioner is also directed to pay continuously Rs.50000/- (Rupees fifty thousand only) per month pending disposal of the writ petition. Notice.'
14. It is seen that the petitioner has not complied with the abovesaid order in full, because the petitioner sangam had paid a sum of Rs.5 lakhs only on 28.4.2014. However, the balance amount of Rs.5 lakhs and the further sum of Rs.50,000/- per month continuously have not been paid as per the direction dated 17.4.2014, however, the petitioner sangam moved two miscellaneous petitions in W.P.No.11054 of 2014 viz., M.P.No.2 of 2014 to modify the condition imposed by this Court dated 17.4.2014 in M.P.No.1 of 2014 directing the petitioner to pay Rs.5 lakhs on or before 30.4.2014 and another Rs.5 lakhs on or before 31.5.2014 and to pay Rs.50,000/- per month and M.P.No.3 of 2014 to extend the time limit for payment of the second instalment of Rs.5,00,000/- to the first respondent for a period of eight weeks by modifying the order dated 17.4.2014. Surprisingly, the petitioner was again given extension of time to pay the second instalment of Rs.5 lakhs by a further period of four weeks by order dated 30.5.2014. Although the petitioner was given extension of time for payment of Rs.5 lakhs, ironically, after paying Rs.5 lakhs on 26.6.2014, has failed to pay the monthly payment of Rs.50,000/-, as a result, on its own whims and fancies, has been paying Rs.37,444.50 instead of Rs.50,000/- per month as ordered by the Court even without any modification of the earlier order. That shows that the order passed by this Court has been miserably violated. Therefore, this Court, sitting under Article 226, being a Court of equity, is not inclined to entertain the writ petitions filed by Urimam Petra Kaikari Vyabarigal Podunala Sangam, for the following reasons:-
(a) The petitioner sangam, on taking possession of the godown G-88 measuring 4115 sq.ft., on rental basis at Rs.9.10 per sq.ft., vide order dated 3.11.99, has committed willful default in payment of rent for the period commencing from 10.11.99 to 27.5.2015;
(b) has been in huge arrears of Rs.93,83,064/- as on 27.5.2015, even as against the direction issued by this Court on 17.4.2014 in M.P.No.1 of 2014 in W.P.No.11054 of 2014, without even asking for modification of the order, to its whims and fancies, paid Rs.37,000/- as against the monthly rent of Rs.50,000/-;
(c) has committed yet another violation of the conditions mentioned in Section 44(3)(b) of the Tamil Nadu Societies Registration Act, 1975 and the Rules framed thereunder, namely, has not filed with the Registrar any of the documents referred to in clause (b) of sub-section (3) of Section 16, i.e., (i) no authenticated copies of the receipts, expenditure account, balance sheet and report (ii) failed to declare that the society has been carrying on business or has been in operation during the financial year etc.; and
(d) has also failed to challenge the Tamil Nadu Government Gazette dated 23.4.2014 dissolving the petitioner sangam from the register of the societies.
15. For all the aforementioned reasons, when the petitioner sangam, being a chronic defaulter, has approached this Court with unclean hands violating the order of this Court, no indulgence can be shown to the petitioner and no fruitful purpose would also be served in entertaining the writ petitions. Accordingly, the three writ petitions filed by the Urimam Petra Kaikari Vyabarigal Podunala Sangam fail and they are dismissed.
16. In view of the above order, so far as the other two writ petitions filed by Mr.P.Sathaiya and Mr.A.Chinnadurai, Mr.P.Jayamoorthy, Mr.H.Gokulraj respectively are concerned, since they have filed representations dated 19.5.2015 and 29.5.2015 to consider their case for allotment of the godown in question as tenants, it is for the respondents to consider their claim in the manner known to law and this Court is not inclined to say anything on merits. With this observation, the other two writ petitions also shall stand disposed of. Consequently, the respective connected M.P.Nos.1 & 2 of 2014 and 1 to 5 of 2015 are closed. However, there shall be no order as to costs.
6. It is evident from the above order dated 18.11.2015 that this Court, has considered the similar claim made by the petitioner association in this writ petition and dismissed the writ petition. In one of the writ petitions filed by the petitioner before this Court being WP No. 25199 of 2014 challenge was made to the communication dated 18.08.2014 of the second respondent herein in and by which the petitioner association was dissolved as per Section 44 (4) of The Tamil Nadu Societies Registration Act, 1975. This Court, after elaborate discussion, held the validity of the order passed by the second respondent dissolving the petitioner association as defunct.
7. It is now brought to the notice of this Court by the learned Additional Government Pleader appearing for the respondents that as against the order dated 18.11.2015 in WP No. 25199 of 2014, which was filed challenging the order passed under Section 44 (4) of the Second respondent, the petitioner has filed W.A. No. 1673 of 2015 before the Division Bench of this Court and the same was dismissed on 27.01.2016. Therefore, the contentions raised by the petitioner in this writ petition that before passing the order under Section 44 (4), notice as contemplated under Section 44 (1) and (2) of the Act have not been issued need not be gone into at this stage. The petitioner has not made out any case for interference. The writ petition is devoid of merits and it is liable to be dismissed.
8. In the result, the writ petition filed by the petitioner association is dismissed. No costs. Consequently, connected miscellaneous petitions are closed.
28-03-2016 rsh Index : Yes / No Internet : Yes / No R. SUBBIAH, J rsh To
1. The Inspector General of Registration Inspector General of Registration Office Santhome High Road, Chennai - 600 004
2. The District Registrar (Administration) Additional Registration Department temporary (Additional Post) Central Madras Chennai - 600 014 Pre-delivery Order in WP No. 40314 of 2015 28-03-2016