Advocates:
['M/S T JAYARAMAN', '', 'M K PADMA', 'SPL GP TAKES NOTICE']

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.01.2022

CORAM

THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY

W.P.No.31125 of 2017

Paranjothi Gnanaoli Peedam,

Represented by its Secretary,

No.15, Karikalan Street,

Karungalpalayam,

Erode – 638 003.

...Petitioner

Versus

1.The Inspector General of Registration,

Office of the Inspector General,

Santhome High Road,

Chennai – 600 028.

2.The Registrar of Societies,

District Registrar's Office,

Combined Registrar Office Complex,

Rangampalayam,

Erode – 638 009.

...Respondents

PRAYER : Writ Petition filed under Article 226 of the

Constitution of India, for the issuance of Writ of

Certiorarified Mandamus, to call for the records of the 2^nd

respondent dated 07.06.2017 relating to Na.Ka.No.2286/E/2015 and

quash the same and direct the 2^nd respondent to register the Deed

of Transfer of Management of Society dated 05.06.2017 with the

Annexure thereto.

For Petitioner

: Mr.M.K.Kabir

Senior Counsel

For M/s.T.Jayaraman

For Respondents

: Mr.R.Vigneshwaran

Government Advocate

O R D E R

This Writ Petition has been filed by the petitioner, seeking

for issuance of a Writ of Certiorarified Mandamus, to call for

the records of the 2^nd respondent dated 07.06.2017 relating to

Na.Ka.No.2286/E/2015 and quash the same and direct the 2^nd

respondent to register the Deed of Transfer of Management of

Society dated 05.06.2017 with the Annexure thereto.

2. The petitioner namely, Paranjothi Gnanaoli Peedam is a

Society registered under the Tamil Nadu Societies Registration

Act, 1975 (hereinafter called as 'the Society'). The Society, by

its resolution dated 12.01.2016, have decided to dissolve it and

transfer the management of the Society along with its property

to and in favour of Paranjothi Gnanaoli Yagna Peedam, which is a

Public Charitable Trust registered under the Indian Trusts Act

(hereinafter called as 'the Trust'). According to the

petitioner, the said Trust also passed a resolution at its

meeting dated 04.01.2016 to take over the management of the

society with its property.

3. Under these circumstances, the petitioner presented an

application along with a deed of Transfer of Management of

Society dated 05.06.2017 to the 2^nd respondent for the purpose of

registration. However, the 2^nd respondent has passed the impugned

order dated 07.06.2017, thereby rejecting the Deed of Transfer

of Management of the Society on the ground that the properties

of the dissolved Society cannot be transferred to a Trust except

to a Society with the same objects.

4. According to the petitioner, in terms of the by-laws

No.24, in the event of the dissolution of the Society, the

properties can be transferred either to a Society or to any

other entities, which are having similar objects of the Society.

Therefore, Mr.M.K.Kabir, learned Senior counsel for the

petitioner submits that in terms of the Section 41 of the Tamil

Nadu Societies Registration Act (hereinafter called as 'the

Act'), the petitioner is also permitted to transfer the

properties as per the resolution passed by the Society in

accordance with the by-laws. Therefore, he submitted that in

terms of the Section 41 of the Act r/w By-laws No.24, they have

not transferred the properties, but only they wanted to transfer

the Management of the Society alone. However, the 2^nd respondent

misconstrued that by virtue of the Deed of Transfer of

Management, the properties of the society will also get

transferred, the petitioner intended only to transfer the

management of the Society to a Trust by virtue of the Deed of

Transfer of Management and thereby refused to register the Deed

of Transfer of Management. In such circumstances, without having

any other option, the petitioner has filed this writ petition.

5. On the other hand, Mr.R.Vigneshwaran, learned Government

Advocate