Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2020 Supreme(Mad) 1450

IN THE HIGH COURT OF JUDICATURE AT MADRAS
N. SATHISH KUMAR, J.
The Kennel Club of India, Rep.by its Secretary cum Treasurer, C.V. Sudarshan – Appellant
Versus
The Government of Tamil Nadu, Rep.by its Secretary to Government Commercial Taxes & Registration Department, Secretariat, Chennai & Others – Respondent
C.S. No. 339 of 2020 & A. Nos. 3105 & 2973 of 2020 & OA. No. 640 of 2020
Decided On : 16-12-2020

Advocates Appeared:
For the Plaintiff :R. Srinivas, Mythilisrinivas, Advocates.
For the Defendants :D1 to D3, T.M. Pappiah, Special Government Pleader, D4, S.S. Rajesh, Advocate.

The main legal point established in the judgment is the recognition of the amalgamation of two registrations by the authorities and the non-application of mind by the defendants in issuing orders based on the misunderstanding of the two registrations.

Headnote:
Kennel Club of India - Society Registration Dispute - Tamil Nadu Societies Registration Act, 1975 - Section 30(3), G.O. Rt.No.444 dated 03.05.2006 - The court discussed the dispute regarding the registration of Kennel Club of India under two different registration numbers and the subsequent amalgamation of the two registrations. The court emphasized the resolution passed by the members to amalgamate both registrations and the recognition of the amalgamation by the authorities. The court also highlighted the non-application of mind by the authorities in issuing orders based on the misunderstanding of the two registrations. The court concluded that the suit need not go for trial and appointed a retired Judge to oversee the election process and conduct a fresh election for the Kennel Club of India bearing Reg.No.16/1959.
Fact of the Case:

The suit involved a dispute regarding the registration of Kennel Club of India under two different registration numbers and the subsequent amalgamation of the two registrations. The plaintiff sought various reliefs, including a declaration of the original registration, permanent injunction, and challenging orders and notices issued by the defendants.
Finding of the Court:

The court found that there was no serious triable issue involved in the matter and concluded that the only dispute remaining was regarding the manner in which the election was to be conducted. The court emphasized the recognition of the amalgamation by the authorities and the non-application of mind by the defendants in issuing orders. The court appointed a retired Judge to oversee the election process and conduct a fresh election for the Kennel Club of India bearing Reg.No.16/1959.
Issues: The main issue revolved around the dispute regarding the registration of Kennel Club of India under two different registration numbers and the subsequent amalgamation of the two registrations. The court also addressed the apprehension of the defendants regarding the fair conduct of the election.
Ratio Decidendi: The court's decision was based on the recognition of the amalgamation by the authorities, the non-application of mind by the defendants in issuing orders, and the need to address the apprehension of the defendants regarding the fair conduct of the election.
Final Decision: The court appointed a retired Judge to oversee the election process and conduct a fresh election for the Kennel Club of India bearing Reg.No.16/1959. The court also directed that the election would be conducted within three months and that it would only relate to Reg.No.16/1959. The court decreed the suit and closed the connected applications.

JUDGMENT :

(Prayer: Plaint filed under Order IV rule 1 of OS Rules r/w order VII Rule 1 of the CPC.

a. declaring that the plaintiff is registered Society No.16/1959

b. pass an order of permanent injunction restraining the defendants 1 to 3 their men, subordinates, officers, agents etc., from taking any action against the plaintiff society based on any proceedings taken or orders passed regarding Society Registration No.276/97

c. declare that the order dt:07.10.2020 passed by the 3rd defendant in proceedings No.1845/D2/2020 in respect of the affairs of Society Registration No.276/97 is illegal, unlawful and not binding on the plaintiff.

d. declare that order dt:18.08.2020 of the second defendant passed in proceedings No.Na.Ka.22921/II/2019 is illegal and unlawful and not binding on the plaintiff.

e. declare that the show cause notice dt:29.10.2020 issued by the first defendant in letter No.5097/MI/2020-2 is illegal, unlawful and not binding and enforceable against the plaintiff

f. award the costs of the suit to the plaintiff.)

1. The suit is filed for various relief which are as follows:-

a. declaring that the plaintiff is registered Society No.16/1959

d. declare that order dt:18.08.2020 of the second defendant passed in proceedings No.Na.Ka.22921/II/2019 is illegal and unlawful and not binding on the plaintiff.

e. declare that the show cause notice dt:29.10.2020 issued by the first defendant in letter No.5097/MI/2020-2 is illegal, unlawful and not binding and enforceable against the plaintiff

f. award the costs of the suit to the plaintiff.

2. The learned counsel appearing for the plaintiff submitted that the Kennel Club of India was registered in the year 1959 under Registration No.16/1959. The objects and functions of the club are to maintain the pedigree and the stud book of all pedigree dogs and grant permission for the conduct of dog shows to all its 57 affiliated clubs throughout India and the Society bearing Registration No.16/1959 became defunct due to non filing of returns for some time. Thereafter due to misconception and wrong advice, a new Society in the registration district of Chennai Central was registered in the name of Kennel Club of India with Registration No.276/1997. Thereafter as some objections arose the original society registered in Reg.No.16/1959 was revived as per law. The Government by its order dated G.O. Rt.No.444 dated 03.05.2006 regularised the Registration No.16/1959. It is also stated that subsequently the registered Society namely Reg.No.276/1997 were merged with original society registered in No.16/1959 based on the resolution passed in the Annual General Meeting on 30.09.2005 and it was also resolved to continue the Society in Registration No.16/59. However, the merger was not registered due to oversight, as per Section 30(3) of the Tamil Nadu Societies Registration Act, 1975 and taking advantage of the same, now the defendants have raised some issues as if the Secretary had committed misappropriation and pursuant to such objections, an order has been passed by the Secretary to Government, Commercial Taxes & Registration Department by order dated 07.01.2020 for appointing a Special Officer to take over the Society bearing Reg.No.276/1997 and also the order passed by the Inspector General of Registration rejecting the application pursuant to exemption by its order dated 18.08.2020 and show cause notice dated 29.10.2020 are also challenged in the suit.

3. It is alleged that though the defendants participated in the earlier election in the

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Judicial Analysis