The Special Officer shall take charge of the administration of the petitioner-Society immediately and commence the enquiry proceedings and submit an interim report before this Court on 04.09.2023. In the event of any non-cooperation by any of the Office Bearers or the Members, while taking charge of the administration of the Society. The Special Officer is directed to enter upon the premises and take charge of the administration with the assistance of the police. The Registry is directed to list the matter on 04.09.2023 under the caption ‘For Further Arguments and to Pass Orders’. The Registry is directed to communicate the copy of this order to the Commissioner of Police, Madurai City, Madurai. 17-08-2023 Svn S.M.SUBRAMANIAM, J. Svn WP Nos14632. 9976 of 2023 And WP(MD) No.4834 and 5566 of 2023 17-08-2023. aag raman lal
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17-08-2023
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
WP Nos14632. 9976 of 2023
And
WP(MD) No.4834 and 5566 of 2023
1.S.Alagar (Deceased)
2.A.Balasubramanian
[P-2 substituted as LR of the deceased
sole petitioner vide order of Court
dated 24.07.2023 made in WMP No.17002
of 2023 in WP No.14632 of 2023] … Petitioner in WP 14632/2023
1.Mr.V.Vimal Ravindra Raja
2.Mr.P.Srinivasan
3.Mr.V.Velumachmy
4.Mr.V.Durai Pandi
5.Mr.M.Bismillah Khan … Petitioners in WP 9976/2023
Victoria Edward Hall (Reg.No.16/1907-08),
Through its Honorary Secretary,
Dr.I.Ismail, having Office at
32-B, West Veli Street,
Madurai-625 001. … Petitioner in WP(MD) 4834/2023
1.P.Sudalai
2.N.R.V.Jawaharlal
3.D.Nallathambi
4.Dr.R.Sannasi
5.S.Venkatesh Mohan
6.M.Jeyaraman
7.K.Mahalingam
8.Stepehen
9.A.B.Sukinae
10.K.Saravanan …Petitioners in WP(MD)5566/2023
Vs.
The State of Tamil Nadu,
Through its Principal Secretary to Government,
Commercial Taxes and Registration Department,
Fort St. George,
Chennai-600 009. .. R-1 in all WPs
Inspector General of Registration,
Registration, Chits and Societies Department,
Santhome High Road,
Pattinapakkam,
Chennai. .. R-2 in all WPs
The District Registrar (Societies),
Madurai South,
Madurai. .. R-3 in WP 9976/2023
The Secretary,
Victoria Edward Hall,
(Reg.No.16-1907-08),
32-B, West Veli Street,
Madurai-625 001. .. R-3 in WP 14632/2023
Mr.R.Ravindranath,
Appointed Special Officer,
Victoria Edward Hall,
District Registrar (Administration),
Madurai North,
Madurai. .. R-4 in WP 14632/2023
I.Jayaraman
(R-5 impleaded vide order of Court
dated 24.07.2023 made in WMP No.20015
of 2023 in WP No.14632 of 2023)
Subramanian
(R-5 impleaded vide order of Court
dated 24.07.2023 made in WMP(MD) No.
4618/2023 in WP(MD) No.4834/2023)
N.Raman
(R-6 impleaded vide order of Court
dated 24.07.2023 made in WMP(MD) No.
5930/2023 in WP(MD) No.4834/2023)
V.S.Navamani
(R-7 impleaded vide order of Court
dated 244.07.2023 made in WMP(MD) No.
6012/2023 in WP(MD) No.4834/2023) … Respondents
WP No.14632 of 2023 is filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari calling for the records relating to the order passed by the first respondent in G.O.Ms.No.17, Commercial Tax and Registration (M-1) Department, dated 01.03.2023 and quash the same.
WP No.9976 of 2023 is filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the order passed by the first respondent in G.O.Ms.No.17, Commercial Tax and Registration (M-1) Department, dated 01.03.2023 and quash the same and thereby forbearing the respondents in any manner interfering with the functioning of the newly elected Committee Members of Victoria Edward Hall bearing Regn.No.16/1907-08, Madurai.
WP (MD) No.4834 of 2023 is filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari calling for the records relating to the order passed by the first respondent in G.O.Ms.No.17, Commercial Tax and Registration (M-1) Department, dated 01.03.2023 and quash the same.
WP (MD) No.5566 of 2023 is filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari calling for the records relating to the order passed by the first respondent herein by invoking Section 34-a of the Tamil Nadu Societies Registration Act, by way of G.O.Ms.No.17, Commercial Tax and Registration (M-1) Department, dated 01.03.2023 and quash the same as illegal.
For Petitioner in WP 14632/2023: Mr.N.G.R.Prasad,
Senior Counsel for
Mr.A.E.Lakshmi Narayanan.
For Petitioner in WP 9976/2023 : Mr.S.Conscious Ilango
For Petitioner in WP(MD)
No.4834/2023 : Mr.A.R.Nixon
For Petitioner in WP(MD)
No.5566/2023 : Mr.E.Prabu
For Respondents-1 to 4 in
WPs 14632 of 2023, : Mr.R.Ramanlal,
9976 of 2023, Additional Advocate General
WP(MD)4834/2023 Assisted by Mr.R.Siddarth,
Government Advocate.
For Respondent-5 in
WP 1432 of 2023 : Mr.G.Sriram
For Respondent-5 in
WP(MD) 4834/2023 : Mr.R.Ramasamy
For Respondent-6 in
WP(MD) 4834/2023 : Mr.T.Thirumurugan
For Respondent-7 in
WP(MD) 4834/2023 : Mr.K.K.Kannan
COMMON INTERIM ORDER
The Government Order issued in G.O.Ms.No.17, Commerial Taxes and Registration Department, dated 01.03.2023, appointing a Special Officer to Victoria Edward Hall, which is a Society registered under the Tamil Nadu Societies Registration Act, 1975, is under challenge in the present writ petitions.
- Multiple writ petitions are instituted challenging the said Government Order and impleading petitions are also filed by few members of the Victoria Edward Hall. There are allegations and counter allegations between the Office Bearers, Members and few erstwhile Members.
- One set of Members have filed petitions stating that several illegalities and irregularities were committed by the elected Office Bearers and more specifically by the Secretary of the Society. Another set of Members have filed petitions in support of the Secretary and the Office Bearers. Thus there is a prima facie division amongst the Members in forming an opinion about the manner of functioning of the Society and its administration.
- May that as it be, the Government has initiated action based on the complaints from the Members/erstwhile Members.
- The Competent Authorities found that certain illegalities and irregularities were committed and more-so, financial irregularities are also noticed.
- The Government Order initially passed in G.O.Ms.No.140, Commercial Taxes and Registration Department, dated 14.10.2021 was challenged before the Madurai Bench of Madras High Court in WP(MD) Nos.18857 and 18858 of 2021.
- The Madurai Bench of Madras High Court passed final orders on 22.08.2022 setting aside the said Government Order on the ground that no opportunity was granted to the Society to defend their case, which is mandatory under the provisions of the Societies Registration Act, 1975.
- The petitioner-Society was granted liberty to offer their explanations to the Government, within a period of fifteen days and thereafter the Government was granted liberty to complete the enquiry and pass orders, within a period of twelve weeks.
- Based on the said judgment of the Madurai Bench of Madras High Court, the present impugned order has been passed after affording an opportunity to the Society.
- That being the factum, it cannot be in dispute that an enquiry is warranted.
- The allegations set out in the order impugned and perusal of the explanations by the Society, this Court is of the considered opinion that a detailed enquiry is just and necessary in the interest of the Society and its Members.
- The petitioner-Society is an oldest Society registered and the Government granted land and heritage building initially for the purpose of establishing Town Hall Library and Museum. However, it is contended on behalf of the petitioner that the properties had been subsequently purchased by the Society from the Government. These aspects are to be gone into elaborately after complete adjudication of the issues.
- As far as the allegations set out in the impugned Government Order, it would be sufficient to form an opinion that an enquiry is to be conducted in the interest of justice, since financial irregularities are brought to the notice of the Government by the Members/erstwhile Members.
- During the course of arguments, the respective learned counsels appearing on behalf of the parties to the lis, have an unanimous opinion that an enquiry is to be conducted in adherence to the provisions of the Societies Registration Act, 1975. Though the parties have defended the allegations, complete adjudication is just and necessary for the purpose of giving quietus to the issues raised between the parties.
- On account of pendency of the present writ petitions, the Special Officer appointed is unable to proceed with the enquiry, since interim order is in force. Mr.R.Raveendranath, District Registrar (Administration) (Assistant Registrar General) to Madurai North has been appointed as Special Officer for a period of one year from 01.03.2023.
- On account of the pendency of the present writ petitions and due to the interim order, the Special Officer is unable to take charge of the administration of the Society and proceed with the enquiry for the past more than five months. Half of the period fixed by the Government has already lapsed.
- The very purpose and object the enquiry should not be allowed to be defeated, since the allegations are very serious, warranting an enquiry with reference to the documents and evidences available on record. Such an exercise is to be done by the Special Officer appointed by the Government.
- No doubt, the interest of the Members are to be protected. The Special Officer should allow the Library to be utilised by the Members for their benefit. However, he must be permitted to conduct an enquiry by taking charge of the administration with reference to the books of accounts, registers, bank accounts etc.
- In order to commence the enquiry, the Special Officer must be allowed to take charge of the administration, enabling him to conduct an impartial enquiry, since there is a split and dispute exist amongst the Members of the Society.
- Few Members have filed impleading petitions, requesting for an enquiry into the allegations of financial irregularities and illegalities. Thus an enquiry is imminent and warranted under the provisions of the Tamil Nadu Societies Registration Act, 1975.
- Without going into the merits of the other issues raised between the parties, this Court is inclined to vacate the interim order, enabling the Special Officer appointed by the Government to take charge of the administration of the Victoria Edward Hall and commence enquiry proceedings immediately by following the procedures as contemplated under law.
- After taking charge of the administration of the petitioner-Society, the Special Officer shall ensure that the Library shall be kept open for the general public.
- All the Members of the Society shall cooperate for conducting peaceful enquiry by the Special Officer and provide informations, documents and evidences etc., to the Special Officer, enabling him to conduct the enquiry in the manner known to law.
- The Office Bearers, including the past and the present, are directed to hand over the office keys, documents, registers, bank pass books, cheque books, account books etc., to the Special Officer immediately, enabling the Special Officer to take charge of the administration and commence the enquiry proceedings without causing any further delay.
- In the event of any obstructions or law and order issue, if created by any person, the Special Officer shall seek the assistance of the Madurai City Police and the Commissioner of Police, Madurai is directed to provide adequate protections to the Special Officer for conducting peaceful administration of the petitioner-Society.
- The Special Officer shall take charge of the administration of the petitioner-Society immediately and commence the enquiry proceedings and submit an interim report before this Court on 04.09.2023.
- In the event of any non-cooperation by any of the Office Bearers or the Members, while taking charge of the administration of the Society. The Special Officer is directed to enter upon the premises and take charge of the administration with the assistance of the police.
- The Registry is directed to list the matter on 04.09.2023 under the caption ‘For Further Arguments and to Pass Orders’.
- The Registry is directed to communicate the copy of this order to the Commissioner of Police, Madurai City, Madurai.
17-08-2023
Svn
S.M.SUBRAMANIAM, J.
Svn
WP Nos14632. 9976 of 2023
And
WP(MD) No.4834 and 5566 of 2023
17-08-2023
