LAWS(MAD)-2009-4-95

P PUNDARIKATAHA RAO Vs. INSPECTOR GENERAL OF REGISTRATION

Decided On April 23, 2009
P PUNDARIKATAHA RAO Appellant
V/S
INSPECTOR GENERAL OF REGISTRATION Respondents

JUDGEMENT

(1.) HEARD the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents.

(2.) THE petitioner has stated that by a Document, dated 27. 9. 1900, registered as Document No. 1264/1900, on the file of the Sub Registrar, Sembium, the property bearing Door No. 57, Rangasayee Naidu Street, formerly known as Suraya Street, Mettupallam, Siruvellore, had been purchased from and out of the Udayavar Fund maintained by the then Trustees Mathereddy Chennakesavalu Naidu and others. Similarly, by a Document No. 1266/1900, the house and premises bearing Door No. 26, Siruvellore High Road, Siruvellore Village, had been purchased from and out of the Udayavar Fund. The object of the Udayavar Fund was to perform Arudhra Darsanam festival of Sri Chenna Mallikeswaraswamy Temple, the third and the fifth day Udayavar festival in Sri Chenna Kesava Perumal Temple and to provide educational facilities for the members of Bunder Adhivelaman Community. The said activities had been carried on between the years 1900 to 1966. Thereafter, the members of the community had felt that an association could take care of the performance of the Trust.

(3.) THE Association which was registered under the Societies Registration Act, 1860, had become a Society, under the Tamil Nadu Societies Registration Act, 1975. Since the said Society had become defunct in carrying on the functions relating to the object of the Trust the petitioner wanted to execute a deed of declaration of Trust, dated 27. 3. 1997. However, in spite of the various representations having been made to the respondents, no action had been taken by them to register the Trust Deed, as requested by the petitioner. Instead, the impugned letter, dated Nil. 11. 2001, had been issued by the third respondent, asking the petitioner to produce various particulars and documents, without having the jurisdiction to do so.