IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31.01.2022

C O R A M

THE HON'BLE MR. JUSTICE KRISHNAN RAMASAMY

W.P.No.238 of 2017

and W.M.P.Nos.256 & 257 of 2017

1.N.Manickam

2.D.Gunasekaran

...Petitioners

Vs

1.The Registrar of Socities,

Chennai Central,

Bharathi Salai,

Chennai - 600 014.

2.The Inspector General of Registration,

100, Santhome High Road,

Santhome, Chennai - 600 028.

...Respondents

PRAYER : Writ Petition filed under Article 226 of the

Constitution of India, praying for the issuance of Writ

Certiorarified Mandamus, calling for the records of the first

respondent comprised in order No.K.Dis.6860/D2/2016-2 dated

22.09.2016 and consequently direct the first respondent to

register the association by name "Tamil Nadu Retired Officials'

Association" and issue certificate of Registration.

For Petitioners

:

Mr.Sathish Parasaran

Senior Counsel

for Mr.R.Parthasarathy

For Respondents

:

Mr.R.Vigneshwaran

Government Advocate (Reg)

*****

O R D E R

This Writ Petition has been filed by the petitioner, seeking

for the issuance of Writ Certiorarified Mandamus, calling for

the records of the first respondent comprised in order

No.K.Dis.6860/D2/2016-2 dated 22.09.2016 and consequently direct

the first respondent to register the association by name "Tamil

Nadu Retired Officials' Association" and issue certificate of

Registration.

https://hcservices.ecourts.gov.in/hcservices/

2.The case of the petitioners is that, initially, the

Society by name "Retired Officials' Association" was registered

in the year 1957 in Serial No.42/1957 and the said Association

was struck off and dissolved since the members of the

Association were failed to file the annual statements.

Subsequently, a notice was issued to the petitioner declaring

that the Society by name "Retired Officials' Association" was

struck off from the Register of Societies and the said notice

was published in Tamil Nadu Gazette Part VI Section I Supplement

Page No.6 on 23.04.1980. Thereafter, the petitioners formed a

new Association by name "Tamil Nadu Retired Officials'

Association" and placed the papers before the respondents for

registration. However, the respondents refused to register the

same and passed impugned order stating that the Society under

identical name is existing in Serial No.42/1957.

3.The learned Senior Counsel for the petitioner would

submit that, earlier the Society was formed by the same "Retired

Officials' Association" and the same was struck off. Once the

name of the Society was struck off and dissolved, there is no

prohibition for forming new Association by the member of the

society which was struck off. Even the learned Senior Counsel

for the petitioner referred Section 9(1)(c) of the Tamil Nadu

Societies Registration Act, 1975 and submitted that no society

can be registered with identical or nearly resembles name of the

society in existence, but, no Society is existing in the

identical name and the respondents without considering all these

aspect have rejected the petitioners' request.

4.Per contra, the learned Government Advocate appearing for

the respondents referred the counter affidavit and submitted

that identical society was already registered and it is also in

existence, therefore, the petitioner request was rejected.

5.In reply, the learned Senior Counsel for the petitioner

submitted that the said Society is not in existence, if it is in

existence there is prohibition under Section 9(1)(c) of the Act.

However, in the present case, the Society was dissolved and in

this regard a notification was also issued by the Tamil Nadu

Gazatte Part VI Section I Supplement Page No.6.

6.Heard the learned Senior Counsel for the petitioner as

well as the learned Government Advocate appearing for the

respondents and perused the materials available on record.

7.Upon hearing and perusal of the records, it appears that,

init