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2021 Supreme(Online)(MAD) 12410
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT RESERVED ON: 08.07.2024 DELIVERED ON : 12.08.2024 CORAM THE HON'BLE MR.JUSTICE K.MURALI SHANKAR W.P.(MD)Nos.5504, 9303 and 13942 of 2021 and Cont.P.(MD)No.2568 of 2023 and W.M.P.(MD)Nos.4370, 4371, 7024, 7025, 10886, 19378 and 19949
2021 W.P.(MD)No.5504 of 2021:
“Kremmer Sandegren Foundation”
Pattukottai, represented by its President, A.Kamaleshwaran. ... Petitioner Vs.
1.The Inspector General of Registration, O/o the Inspector General of Registration, No.100, Santhome High Road, Foreshore Estate, Chennai-600 028.
2.The Deputy Inspector General of Registration, Second Floor, Government multipurpose office complex, Kajamalai, Tiruchirappalli – 620 020.
3.The District Registrar (Societies), District Registrar Office, Court Campus, Cantonment, Tiruchirappalli – 620 001.
4.Kremmer Sandegran Foundation Pattukkottai, No.16, St.John's Church Complex, Rockins Road, Trichy – 620 001, represented by Abrahamdass. ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorari to call for the records relating to the Appeal in Na.Ka.No.3278/C/2020 pending before the first and second respondent and to quash the entire proceedings as illegal and unlawful.
W.P.(MD)No.9303 of 2021:
“Kremmer Sandegren Foundation”
Pattukottai, represented by its President, A.Kamaleshwaran. ... Petitioner Vs.
1.The Inspector General of Registration, O/o the Inspector General of Registration, No.100, Santhome High Road, Foreshore Estate, Chennai-600 028.
2.The Deputy Inspector General of Registration, Second Floor, Government multipurpose office complex, Kajamalai, Tiruchirappalli – 620 020.
3.The District Registrar (Societies), District Registrar Office, Court Campus, Cantonment, Tiruchirappalli – 620 001.
4.Kremmer Sandegran Foundation Pattukkottai, No.16, St.John's Church Complex, Rockins Road, Trichy – 620 001, represented by Abrahamdass. ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorari to call for the records relating to the Appeal in Na.Ka.No.1224/12/2021, dated 21.04.2021 and to quash the entire proceedings as illegal and unlawful.
For Petitioner in both petitions : Mr.A.Raja for Mr.S.M.A.Jinnah For Respondents in both petitions : Mr.D.Farzana Ghowsia Special Government Pleader for R.1 to R.3 : Mr.M.Purusothaman for R.4 W.P.(MD)No.13942 of 2021:
“Kremmer Sandegren Foundation”
Pattukottai, represented by its President, Abrahamdhass. ... Petitioner Vs.
1.The District Registrar of Societies, Trichy, Trichy District.
2.Kremmer Sandegran Foundation Trust, Registration No.45/2016, represented by its President, Kamaleswaran, No.70-Muduppaiah Colony 4th Street, Veerakeralam, Coimbatore-641 007. ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorari to call for the records relating to the impugned order passed by the first respondent in his proceedings in Na.Ka.No.4014/AA3/2019, dated 30.10.2019 and quash the same as illegal with regard to the direction to our foundation to approach the civil Court for resolving the dispute with regard to submission of Form VII.
For Petitioner : Mr.A.Purusothaman For Respondents : Mr.D.Farzana Ghowsia Special Government Pleader for R.1 : Mr.A.Raja for R.2 Cont.P.(MD)No.2568 of 2023 in W.P.(MD)No.9303 of 2021:
“Kremmer Sandegren Foundation”
Pattukottai, represented by its President, A.Kamaleshwaran. ... Petitioner Vs.
Abrahamdass, S/o Dharmaraj, Kremmer Sandegran Foundation Pattukkottai, No.16, St.John's Church Complex, Rockins Road, Trichy – 620 001. ... Respondent PRAYER : Petition filed under Section 11 of the Contempt of Courts Act, 1971 to punish the contemnor for his deliberate, wilful and intended disobedience in complying the direction of this Court, dated 29.09.2023, passed in W.P.(MD)No.9303 of 2021.
For Petitioner : Mr.A.Raja For Respondent : Mr.M.Kannan
COMMON ORDER
The Writ Petition in W.P.(MD)No.5504 of 2021 is directed against the notice sent by the Deputy Inspector General of Registration in Na.Ka.No.3278/C/2020 relating to the appeal in Na.Ka.No. 1224/12/2021 pending on the file of the Inspector General of Registration.
2. The Writ Petition in W.P.(MD)No.9303 of 2021 is directed against the order dated 21.04.2021 passed Appeal in Na.Ka.No.
1224/12/2021 by the Inspector General of Registration.
3. The Writ Petition in W.P.(MD)No.13942 of 2021 is directed against the order dated 30.10.2019, passed by the Deputy Registrar of Societies, Trichy refusing to record Form VII filed by the rival claimants and directing them to approach the competent civil Court.
4. The Contempt Petition has been filed invoking Section 11 of the Contempt of Courts Act seeking orders to punish the respondent therein for violating the directions of this Court, dated 29.09.2023 passed in W.P.(MD)No.9303 of 2021.
5. It is not in dispute that the “Kremmer Sandgegren Foundation”
was registered under the Societies Registration Act with Registration No. 5/1957. One A.Kamaleshwaran claiming to be the President of “Kremmer Sandgegren Foundation”, Pattukkottai has filed the Writ Petitions in W.P.(MD)Nos.5504 of 2021 and 9303 of 2021 and whereas one Abrahamdhass claiming to be the President of the same “Kremmer Sandgegren Foundation”, has filed the writ petition in W.P.(MD)No. 13942 of 2021. It is evident from the records that there existed several disputes and various litigations between two groups headed by the said Kamaleswaran and Abrahamdass. Both parties in their affidavits filed in respective writ petitions and counter affidavits have raised pleadings as to how they have become the President of the said foundation and the way in which they were managing the same. Considering the issues now involved in the writ petitions, it is absolutely not necessary to go into the case of both parties, as to how they have been claiming right of management in the foundation.
6. It is also not in dispute that the said Kamaleswaran and Abrahamdass claiming to be the President and are in management of the “Kremmer Sandgegren Foundation” have filed two Form VII declarations as contemplated under the provisions of the Tamil Nadu Societies Registration Act before the third respondent – District Registrar of Societies at Trichy. Form VII of the Tamil Nadu Societies Registration Act 1975 is a notification of change among the members of a Society or its committee and the same has to be filled out and submitted before the Registrar under sub-sections 1 and 2 of Section 15 of the said Act. The District Registrar (Societies), after considering both Form VII declarations filed by the rival claimants and taking note of the fact that there existed some disputes between them, has passed an order dated 30.10.2019 refusing to record Form VII declarations filed by both parties and directed them to approach the competent civil Court to get their disputes resolved. Challenging the said order passed by the District Registrar (Societies), the said Abrahamdass has filed an appeal petition before the Inspector General of Registration – first respondent in W.P.
(MD)Nos.5504 of 2021 and 9303 of 2021.
7. The first respondent, after taking the said appeal petition on file, directed the second respondent – Deputy Inspector General of Registration to conduct an enquiry. In pursuance of the directions of the first respondent, the second respondent has issued a notice dated 03.03.2021 to the other claimant Kamaleswaran directing him to offer his remarks. The said Kamaleswaran by alleging that the first respondent is not having any appellate jurisdiction over the orders passed by the District Registrar (Societies) under Section 36 of the Tamil Nadu Societies Registration Act, has filed the present Writ Petition in W.P.
(MD)No.5504 of 2021 challenging the said notice.
8. A learned Judge of this Court, after hearing both parties in the writ petition in W.P.(MD)No.55
