SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2008 Supreme(Mad) 3531

Madurai Bench of Madras High Court
THE HONOURABLE CHIEF JUSTICE MR. ASOK KUMAR GANGULY & THE HONOURABLE MR. JUSTICE K. CHANDRU
V. Sobana Kumar
Versus
The District Registrar, Registrar of Societies, Marthandam, at Kuzhithurai, Kanyakumari District & Others
WRIT APPEAL (MD) No.519 of 2008 & M.P.(MD)Nos.1 & 2 of 2008
Decided On :Decided On : 25-09-2008

Advocates Appeared:
For the Petitioner:T. Lajapathi Roy, Advocate. For the Respondents:R2 to R12, Issac Mohanalal, Paneer Selvam, Advocates.

The main legal point established in the judgment is that the filing of Form VII by the Registrar under the Societies Registration Act does not involve any civil consequences, and the rights of parties will have to be determined in forums other than the Societies Registration Act.

Headnote:

Societies Registration Act - Dispute over Form-VII acceptance - Sections 34 and 36 - The court discussed the interpretation of Sections 34 and 36 of the Societies Registration Act and their influence on the decision. The court highlighted the power of the Registrar to call for information or explanation under Section 34 and the limitations of the Registrar's power under Section 36. The judgment emphasized that filing of Form VII by the Registrar does not involve any civil consequences, and the rights of parties will have to be crystallized in forums other than the Societies Registration Act.

Fact of the Case:

The case involved a dispute over the acceptance of Form-VII under the Tamil Nadu Societies Registration Act by the Registrar. The appellant claimed to be elected as the Secretary of the Society, while the second respondent's group also submitted Form-VII, which was accepted by the Registrar.

Finding of the Court:

The court found that the Registrar's actions did not involve any civil consequences, and the rights of parties would have to be determined in forums other than the Societies Registration Act. The court directed the first respondent to take the Form VII filed by the appellant and keep it on record.

Issues: The main issue revolved around the acceptance of Form-VII by the Registrar and the alleged arbitrary actions of the first respondent. The appellant also raised concerns regarding the direction to go to the Civil Court and the alleged violation of Article 14 of the Constitution.

Ratio Decidendi: The court emphasized that the filing of Form VII by the Registrar does not involve any civil consequences, and the rights of parties will have to be determined in forums other than the Societies Registration Act. The court also highlighted the limitations of the Registrar's power under Sections 34 and 36 of the Societies Registration Act.

Final Decision: The Writ Appeal was dismissed, but the court directed the first respondent to take the Form VII filed by the appellant and keep it on record in relation to the appellant Society.

Judgment :-

Heard both sides and perused the records.

2. This Writ Appeal is directed against the order of the learned Judge made in W.P.(MD).1361 of 2008 dated 25.06.2008, by which the writ petition was dismissed and the learned Judge declined to interfere with the impugned order dated 14.01.2008.

3. By the impugned order, the first respondent Registrar accepted the Form-VII filed under the Tamil Nadu Societies Registration Act by the group led by the second respondent (Gopinathan Nair) and filed it with his records subject to the outcome of the suit in O.S.No. 240 of 2007, pending on the file of Additional District Munsif, Padmanabhapuram and also in accordance with the Tamil Nadu Societies Registration Act and Rules framer thereunder. In effect, he recognised the General Council Meeting held on 08.06.2007, pursuant to the notice of meeting issued by Gopinathan Nair, dated 11.07.2007. He also refused to accept the Form-VII submitted by the appellant vide his request dated 13.10.2007. Therefore, the petitioner aggrieved by the order of the first respondent approached this Court with W.P.(MD).No.1361 of 2008 seeking to set aside the order of the District Registrar dated 14.01.2008 and for consequential directions.

4. Initially, the appellant had made only the first and second respondents as party to the Writ Petition. Subsequently, respondents 3 to 12 got impleaded by the order of the learned Judge dated 10.03.2008. The learned Judge, after placing reliance upon the Full Bench Judgment of this Court in C.M.S.Evangelical Suvi David Memorial Higher Secondary School Committee Vs. District Registrar, Cheranmahadevi reported in 2005(2) MLJ 335, and on the fact situation, found in this case, came to the conclusion that the appellant is not entitled for any relief claimed in the writ petition.

5. Since the learned Judge has set out the entire facts leading to filing of the Writ Petition, we are not recapitulating those facts here. Suffice to state that the petitioner and the appellant Society is a deemed Society under the provisions of the Tamil Nadu Societies Registration Act, 1975 (for short "Societies Act") and it is having its Registration No.26/69.

6. The Society is running a private college and also an Higher Secondary School, at Attoor, Kanyakumrai District. The normal practice of the Educational Department is to accept the Form VII filed with the District Registrar as the basis for recognising an educational agency running the college and the school. Therefore, there is a great amount of competition in getting Form VII filed with the Registrar so that on the strength of the same they will also become Managers of the School or the College as the case may be.

7. The present controversy arose when it was stated that the second respondent had resigned from the Secretaryship of N.V.K.Society, on 17.06.2007 and his resignation was accepted by the General Council on 18.06.2007. In the meeting of the Society held on 20.06.2007, the appellant claims to have been elected as the Secretary of the Society. Therefore, the appellant submitted a Form VII with the first respondent District Registrar claiming that he was the elected Secretary of the Society. The first respondent Registrar refused to file the said document as the previous documents relating to the Society was kept in abeyance, since they have not been filed on time. He kept the Form VII dated 16.07.2007 filed by the appellant pending.

8. In the mean while, the N.V.K.Society rep.by its President Madhusudhanair filed a suit in O.S.No.240 of 2007 before the Munisf Court, at Padmanabhapuram, against the second respondent with a prayer to grant permanent injunction against him from convening any meeting of the Society or interfering with the administration and smooth functioning of the Society and Educational Institutions. But, however, the group led by V.Manoharan Nair, (Vice President) the 11th respondent convened a meeting on 06.08.2007 and elected the second respondent as the Secre






































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
Judicial Analysis

AI

SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top