Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2007 Supreme(Mad) 1953

High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE N. PAUL VASANTHAKUMAR
Vallivalam Desikar Polytechnic Educational Society, Nagapattinam
Versus
The District Registrar (Society Registration), Nagapattinam & Others
W.P.No.17374 of 2005, 15686, 17006 and 19877 of 2006, W.P.M.P.No.18883 of 2005 in W.P.No.17374 of 2005, W.P.M.P.No.15448 of 2006 in W.P.No.15686 of 2006, M.P.No.1 of 2006 in W.P.No.19877 of 2006
Decided On : 29-06-2007

For the Petitioner:V. Raghavachari, G.R.M. Palaniappan, Advocates. For the Respondents:R1, Arumugam, Additional Govt. Pleader, R2, G. Thilakavathi, R. Gopinath Advocates.

Registrar is not justified in registering new Trust in absence of valid dissolution of earlier Society.

Headnote:A. CONSTITUTION OF INDIA - ARTICLES 226 - Locus Standi of Petitioner challenged by the Respondent on the ground that the Petitioner was removed from the post of Chairman of Governing Council by his wife and there is no order in the Civil Suit filed by petitioner granting stay of such removal - HELD, Petitioner has locus standi to challenge the order passed by the District Registrar deleting the name of the old Society bearing Registration No.49/1969 and also registering of the new Trust since, if the civil suit is ultimately decreed, petitioner will get every right to continue the old society. (Para 10) - Even if assuming petitioner has no locus standi to challenge as of now, once the illegality of the District Registrar is brought to Court notice, Court cannot be a silent spectator to allow the illegal orders to continue. (Para 10)
       B. TAMILNADU SOCIETIES REGISTRATION ACT, 1975 - SECTION 44(2)(d), 44(4) - Notice to Registered Society calling upon it to show cause why its name should not be struck off the register society dissolved - In this case Gazette Notification dated 10-12-2003 for Society bearing Registration No.49/69 was issued under Section 44(2) - Following Notice under Section 44(2) after expiry of Notice period if no cause is shown previously by the Society, the Registrar may strike its name of the Register and shall publish notice thereof in the Govt. Gazette and on such publication the society shall be deemed to be dissolved. (para 12). - When statute prescribed to do a particular thing in a particular manner, the same shall not be done in any other manner than prescribed under law. -- Division reported in AIR 1964 S.C. 358 and (1999) 3 SCL 422 followed ---- As there was no Gazette Notification under section 44(4), the old society said to have got dissolved on 10-12-2003 is unsustainable (Para 14) -

       C. TAMIL NADU SOCIETIES REGISTRATION ACT, 1975 - SECTION 9 -- As the earlier Society bearing Registration No.49/1969 is not validly dissolved, the registration of the new Trust on 27-1-2004 with almost identical name and very same bye laws is barred by Section 9(c). (Para 15). ---- Polytechnic being an aided Polytechnic and to conduct day-to-day affairs without any hindrance, the contesting Respondent is permitted to function as interim Administrator, till the matter is resolved by the District Registrar in registering the Trust or till the disposal of the suit whichever is earlier. (Para 17).

Judgment :-

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 211. 2002, 1. 2003, 13. 2004 and 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 24. 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 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.

(a) One Sri.K.M.Desikar created an Endowment Trust by name Vallivalam Desikar Educational Trust on 3. 1958 with registration No.696/1959. The founder donated 150 acres of wet land to the Trust and declared himself to be a Trustee, who also retained the power to appoint other Trustees and declared that the income from the Trust properties should be utilised for Polytechnic and other charitable purposes. The Founder Trustee executed a Will on 26. 1965 and registered as document No.21 of 1965 and appointed his only daughter A.Kanagammal, wife of A.Appasamy Pillai, to be the Trustee after his life time with the power to appoint her own successor.

(b) The Trust deed does not provide a scheme for management of the institution with regard to the constitution of the Governing Council, its powers and functions through bye-laws, etc. The Grant-in-aid Code, Chapter-II, Rule 8 stipulates that sanction of grant to an institution shall be subject to satisfying the condition that the institution shall be under the management of a Governing Council, which shall not have more than 20 members and preferably 15 members including the member, who shall be an ex-officio member/secretary. One of the member shall be appointed as a Treasurer with the concurrence of the Director of Technical Education. Not more than 50% member shall be nominated by the Trust, Society, individual or group, which founded the institution. The remaining 50% shall be nominated as per Rule 9(1) of the Grant-in-aid code.

(c) The said K.M.Desikar, for managing the affairs of the Vallivalam Desikar Polytechnic, formed a Society under the Societies Registration Act, 1860, under the name and style of Vallivalam Desikar Polytechnic Educational Society, Nagapattinam registered on 18. 1969 with registration No.49 of 1969. The said Society was formed only to comply with the requirements stated in Chapter-II, Rule 8 of the Grant-in-aid Code. The said Founder Chairman of the Trust by his letter dated 16. 1984 addressed to the Director of Technical Education, intimated the reconstitution of the Governing Council, wherein the deponent of this affidavit viz., A.Appasamy, his son-in-law was its chairman and the same was approved by the Director of Technical Education through his proceedings dated 29. 1984, which was subsequently approved periodically by proceedings dated 18. 1997, 27. 2000 and the Chairman sought approval for subsequent years, that is from the year 2003, by letter dated 27. 2003.

(d) It is the case of the petitioner that his son named Manavazhagan was appointed as member of the

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