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CDJ 2025 MHC 8308 print Preview print print
Court : High Court of Judicature at Madras
Case No : WP. No. 45744 of 2025
Judges: THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR
Parties : Jeeva Versus The District Registrar, Additional Charge Office of the District Registrar (Administration), Coimbatore
Appearing Advocates : For the Petitioner: P.R. Thiruneelakandan, Advocate. For the Respondent: Stalin Abhimanyu, Additional Government Pleader.
Date of Judgment : 10-12-2025
Head Note :-
Constitution of India - Article 226 -

Cases Referred:
State of Andhra Pradesh Vs. K. Satyanaryana & Others - CDJ 1967 SC 236

Comparative Citation:
2025 MHC 2836,
Judgment :-

(Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order dated 28.10.2025 passed by the respondent rejecting the petitioner's application for change of address, and quash the same and consequently direct the respondent to approve the petitioner Society's change of address as submitted, without insisting upon deletion of Clause No.3 relating to the game of Rummy from the bye-laws of the society.)

1. Challenging the impugned order dated 28.10.2025 rejecting the petitioner's application for change of address of the petitioner's society, the present writ petition is filed.

2. It is the case of the petitioner that the petitioner is the president of the registered society named Irumboothipatti Maligai Manamagiz Mandram, registered on 26.10.2018. Originally, the registered office was at No.1/100, Kuppatchipatti, Sivayam Post, Krishnarayapuram Taluk, Karur District – 639 120. Now, the petitioner has given an application to change the address and to record their new address, however, the impugned order came to be passed, since one of the objects of the society permits for playing the rummy, there is no provision in the Tamil Nadu Societies Registration Act for playing the rummy, therefore, the bye-law has to be amended and thus, rejected the request of the petitioner. Challenging the order, the present writ petition has been filed.

3. The learned Additional Government Pleader submitted that since one of the objects off the society permits playing the rummy which is a gambling, unless the bye-laws are amended, the application of the petitioner cannot be considered. Hence, seeks for dismissal of the writ petition.

4. Heard both sides and perused the materials placed on record.

5. It is not in dispute that the petitioner's society was registered in the year 2018. While registering the society, the bye-laws are already filed before the Registrar of the district strictly as per Section 6 of the Tamil Nadu Societies Registration Act, 1975. Now, the petitioner sought only change of address. When there is a change in address of the registered society to some other place, the proper procedure is contemplated under Rule 15 of the Tamil Nadu Societies Registration Rules, 1978. Rule 15 of the Tamil Nadu Societies Registration Rules, 1978 reads as follows:

                              15. Notice regarding the registered office. - The notice of the situation of the registered office of the society and of any change thereof shall be in Form No. V. It shall be filed with the Registrar within [three months] from the date of registration of the society or after the date of change, as the case may be."

6. The above Rule would make it clear that what is required is only to inform the Registrar within three months from the date of registration of the society or after the date of change. Therefore, for change of the address of the society, no other formalities are required. Further, for change of name of registered society, procedure under Section 11 of the Tamil Nadu Societies Registration Act, 1975 to be followed. Therefore, when the application has been filed only for the change of address, the same shall be filed with the Registrar under the Form No. V. Instead of doing so, at this stage, the Registrar has no authority to direct the society to change the bye-law. If the bye-law has to be amended, the same can be done only by way of special resolution as per Section 12 of the Tamil Nadu Societies Registration Act, 1975 and later same can be filed before the Registrar. Therefore, when the very application is filed for notifying the change of address, the Registrar has to find whether such change of address is filed in proper form namely Form No. V, instead of doing so, directing the petitioner to change the bye-law is not proper.

7. In view thereof, the impugned order stands set aside and the petitioner is directed to file Form No. V with the Registrar notifying the change of address of the registered office. I am of the view that mere playing rummy permitted in the bye-law does not come under the purview of gambling as long as gambling/betting is not involved. Playing rummy is construed to be a game of skill. This has been held by the Hon'ble Apex Court in the case of State of Andhra Pradesh vs. K. Satyanaryana and others reported in CDJ 1967 SC 236.

8. Such being the position, merely because the bye-law permits playing rummy, it cannot be construed that it is only gambling. It is for the authorities to find out whether any betting/gambling are taking place in the name of rummy and if there any is evidence of gambling/betting, the offendor may be proceeded as per law.

9. Accordingly, this petition stands allowed. No costs.
 
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