VALLIVALAM DESIKAR POLYTECHNIC EDUCATIONAL SOCIETY NAGAPATTINAM Vs. DISTRICT REGISTRAR SOCIETY REGISTRATION NAGAPATTINAM

JUDGEMENT

(1.) ALL the above writ petitions are filed by Vallivalam Desikar Polytechnic Educational Society, Nagapattinam, represented by A.Appasamy, Chairman, Governing Council. In W.P.No.17374 of 2005, petitioner seeks a direction to the first respondent to consider the explanations dated 21.11.2002, 7.1.2003, 14.3.2004 and 10.3.2005, submitted by the petitioner in response to the proceedings of the first respondent under Section 44(2) of the Tamil Nadu Societies Registration Act, before proceeding under Section 44(4) of the Tamil Nadu Societies Registration Act. In W.P.No.15686 of 2006 petitioner seeks to quash the letter No.34106/H2/2005 dated 26.4.2006 and consequently forbear the second respondent from in any manner dealing with the affairs and administration of the Vallivalam Desikar Polytechnic College, Nagapattinam. In W.P.No.17006 of 2006, a declaration is sought for to declare the registration of the second respondent under the name 'Vallivalam Desikar Polytechnic College Educational and Cultural Trust, Nagapattinam', by the first respondent, as illegal, void and violative of Section 9 of the Tamil Nadu Societies Registration Act, 1975. In W.P.No.19877 of 2006, petitioner seeks to quash the proceedings in Rc.6917/B3/05 dated 9.6.2006 and to direct the first respondent to cancel the registration of the second respondent.

(2.) THE brief facts necessary for disposal of these writ petitions are as follows.

(3.) THE learned counsel appearing for the petitioner argued that the original Society having not been dissolved by a valid notification by following section 44(4) of the Tamil Nadu Societies Registration Act, 1975, no new Society/Trust under the same/similar name and style and in particular, with the same bye-laws, can be allowed to be registered and such registration is non-est in law. THE learned counsel also submitted that the said notification dated 10.12.2003 was issued only under section 44(2) insofar as the Society with registration No.49/1969 is concerned and the objection having been submitted within three months as per the said Gazette notification, the same is bound to be considered and if it is not found accepted, a further notification under section 44(4) is bound to be issued and thereafter only the Society's name can be removed from the register and the said removal shall be published in the Tamil Nadu Government Gazette and thereafter only the registered society will be deemed to be dissolved. In this case, no such Gazette notification striking off the name of the registered society bearing registration No.49/1969 is made till date and therefore the name of the Society is deemed to be in the register and therefore the registration made by the District Registrar registering the new Trust in more or less similar name on 27.1.2004 giving registration No.7/2004 is contrary to section 9 of the Tamil Nadu Societies Registration Act,1975. THE learned counsel therefore submitted that the District Registrar has violated the statute while registering the newly formed Trust under the Tamil Nadu Societies Registration Act, 1975, and only due to the said registration given to the new Trust, the Director of Technical Education has chosen to approve the Chairmanship of the said Manavazhagan and once the registration is declared as invalid the order passed by the Director of Technical Education and all consequential orders will become inoperative.