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2025 DIGILAW 2176 (MAD)

Nurses Association of Madras (Regd) v. Public Information Officer, Chennai

2025-04-17

J.SATHYA NARAYANA PRASAD

body2025
ORDER : 1. The petitioner has filed the above writ petition seeking to issue a writ of Mandamus directing the Respondents to issue the Certified copies of the documents pertaining to the petitioner association situated at No.59, EVKS Sampath Salai (formerly Municipal Door No.6, Rundall's Road), comprised in old Survey No.26, Resurvey No.650, Vepery, Chennai 600 007 viz., (a) the Certificate of Registration of M/s Nurses Association, Madras dated 13.10.1920 (b) the Certificate of Registration of M/s Nurses Club of Madras dated 17.03.1926 (c) Notice of Amalgamation of M/s Nurses Club of Madras with the petitioner Association dated 06.02.1933 (d) the Notice of Amalgamation of M/s Nurses Club of Madras with the petitioner Association dated 06.02.1933 (e) Sale Deed in favour of the Nurses Association, Madras dated 25.07.1934 (f) Memorandum of Association of Nurses Association dated 13.11.1941 (g) Articles of Association of Nurses Association dated 13.11.1941 and (h) rules, regulation and Bye-laws of the Nurses association dated 1969 within a reasonable time as may be fixed by this Hon'ble Court so as to pay all the dues or arrears pending if any for the renewal and revival of the Association. 2. The case of the petitioner is that the petitioner is the Secretary of M/s Nurses Association, Madras, which was registered under the Societies Registration Act, under Serial No.2 of 1920-2021 dated 13.10.1920, as per the Certificate of Registration. Another Association in the name of M/s Nurses Club of Madras was registered under Serial No.12 of 1925-26, dated 17.03.1926, for the welfare of the nurses, which was similar to the petitioner Association. 3. On 27.4.1927 a Deed of Trust was executed by her Excellency the Viscountees Goschebn, (wife of George Goschen, who served as the Governor of Madras from 1924 to 1929) by appointing Official trustee of Madras as the Trustee, by paying Rs.70,000/- to the Official Trustee as trust fund, who had to invest the Trust Fund and pay the annual income of the Trust Fund to M/s Nurses Club of Madras for its general purpose and use. It is also the case of the petitioner that M/s Nurses Club of Madras amalgamated into M/s The Nurses Association of Madras on 04.03.1933. It is also the case of the petitioner that M/s Nurses Club of Madras amalgamated into M/s The Nurses Association of Madras on 04.03.1933. Thereafter, the Official Trustee, as the Trustee of Nurses Association, has purchased 1 Cawnie and 350 sq.ft land (24.22 ground + 350 sq.ft) by Sale Deed dated 25.07.1934, registered as Document No.2044 of1934, on the file of SRO, West Madras. Subsequently, the Official Trustee sold 4.54 Grounds out of above said 1 Cawnie and 350 sq.ft of land after getting due permission from this Court for the benefit of the Nurses Association and the balance land measuring about 20 grounds, has been retained in the name of the Nurses Association, represented by the Official Trustee, as its Trustee. 4. From the date of purchase, the Nurses Association has been functioning at the said property, in which there exists an old building and dormitory. The said building and the dormitory were used for the use of retired nurses, working nurses and trainee nurses in various Government and private hospitals and a portion of the building was being used for conducting free tuition classes for downtrodden children. The association is not using any of the premises for profit. Abetting the compound wall, there is a tea shop rented out by the petitioner association to the watchman and the monthly rent derived from the tea shop was collected for the purpose of building maintenance. 5. While so, all of a sudden, on 02.05.2024, at about 5.30p.m, the Deputy Administrator General and Official Trustee and two other officials of office of the Respondent came to the premises and ordered the inmates to come out of the premises and sealed the premises, without giving any reason or without any prior intimation or giving any opportunity of hearing. Aggrieved upon the same, an application in A.No.2613 of 2024 was filed by the petitioner Association before this Court for removal of lock and seal and this court by order dated 23.05.2024 ordered for the removal of the lock and seal and also ordered to remove the goods lying inside the premises and posted the matter for further proceedings on 07.06.2024. 6. When the matter came up on 28.06.2024, the applicant sought permission to withdraw the application with liberty to file a fresh application at appropriate time and endorsement was also made to that effect. Accordingly, A.No.2613 of 2024 was withdrawn with liberty. 6. When the matter came up on 28.06.2024, the applicant sought permission to withdraw the application with liberty to file a fresh application at appropriate time and endorsement was also made to that effect. Accordingly, A.No.2613 of 2024 was withdrawn with liberty. The papers of the Association was maintained by the erstwhile Secretary and after her demise, some of the records were either mutilated or found beyond recovery. Hence the petitioner Association decided to apply for certified copies of the documents and gave representation to the Registrar but nothing transpired and therefore, the petitioner had applied under the Right to Information Act also, but nobody has come forward either to give us the correct information or the papers relating to the Petitioner Association and all the answers given by the respondents were either evasive or not convincing and making the petitioner to run pillar to post. Now, it has become necessary to get the certified copies of the document pertaining to the petitioner association. Hence, the petitioner has filed the present writ petition, seeking for the above relief. 7. Learned counsel for the petitioner Association submits that pursuant to the order passed by this Court in WMP No.15499 of 2025 dated 17.04.2025, The District Registrar, Registrar Of Societies, 268 Bharathi Salai, Express Estate, Royapettah, Chennai 600014 has been impleaded as 4 th respondent. Learned counsel for the petitioner Association further submits that they will submit an application to recognise their association with xerox copies of all the relevant documents to the fourth respondent within a period of one week from today. 8. Learned counsel for the petitioner further submits that if there is any arrears of amount to be paid by the petitioner Association from 1970 to till date, the same will be paid by the petitioner association. 9. Heard the learned counsel for the petitioner and the Additional Government Pleader appearing for the respondents and perused the materials available on record. 10. Considering the facts and circumstances of the case, this Court is inclined to pass the following order: (i) The petitioner Association is directed to submit an application to recognise their Association with xerox copies of all the relevant documents to the fourth respondent within a period of one week from today. 10. Considering the facts and circumstances of the case, this Court is inclined to pass the following order: (i) The petitioner Association is directed to submit an application to recognise their Association with xerox copies of all the relevant documents to the fourth respondent within a period of one week from today. (ii) On receipt of such application, the fourth respondent is directed to consider the same, after giving due notice to the petitioner, affording an opportunity of personal hearing to the petitioner, to take into consideration the xerox copies of all the relevant documents submitted by the parties in regard to the subject matter property and pass appropriate orders on its own merits, in accordance with law within a period of three weeks thereof. 11. The writ petition is disposed of with the above direction. No costs.