P. V. Kadiravan vs Kallar Kalvi Kazhagam

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2008 Supreme(Mad) 1461

Madurai Bench of Madras High Court
THE HONOURABLE MRS. JUSTICE R. BANUMATHI & THE HONOURABLE MR. JUSTICE S. MANIKUMAR
P.V. Kadiravan
Versus
Kallar Kalvi Kazhagam & Others
W.A.(MD)No.345 of 2008 and W.P.(MD)No.3543 of 2008 and M.P.(MD)No.1 of 2008 in W.A.(MD)No.345 of 2008 and M.P.(MD)Nos.1 & 2 of 2008 in W.P.(MD)No.3543 of 2008
Decided On :Decided On : 30-04-2008

Advocates Appeared:
For the Appellant:R. Vidhuthalai, Senior Counsel for Veera.Kathiravan, Advocate. For the Respondents:R1, Isaac Mohanlal, Advocate, R2 to R6 & R1 to R5, Pala.Ramasamy, Spl.Govt.Pleader.

Headnote:
Registrar of Societies - Tamil Nadu Societies Registration Act, 1975 - Section 34, Rule 17, Rule 50 - The court discussed the acceptance of Form No.VII by the District Registrar of Societies and the legal provisions under Section 34, Rule 17, and Rule 50 of the Tamil Nadu Societies Registration Act, 1975. The court emphasized that the power of the Registrar under Section 34 is only incidental and is intended for maintaining correct records. The court also highlighted that the acceptance of Form No.VII is a ministerial act and not amenable to writ jurisdiction.
Fact of the Case:

The case involved a dispute over the acceptance of Form No.VII by the District Registrar of Societies, related to the constitution of the Managing Committee of a registered society under the Tamil Nadu Societies Registration Act, 1975. The Writ Petitioner challenged the acceptance of Form No.VII by the District Registrar, which was granted interim stay by the Single Judge. The matter was further heard in the Writ Appeal.
Finding of the Court:

The court found that the acceptance of Form No.VII by the District Registrar was a ministerial act and not amenable to writ jurisdiction. The court also noted that the Writ Petitioner had already filed a civil suit seeking similar relief and had not obtained any interim order. Therefore, the court held that the Writ Petition was not maintainable and dismissed it. The interim stay granted by the Single Judge was vacated.
Issues: The main issue was the challenge to the acceptance of Form No.VII by the District Registrar of Societies under the Tamil Nadu Societies Registration Act, 1975. The court also considered the maintainability of the Writ Petition and the interim stay granted by the Single Judge.
Ratio Decidendi: The court held that the power of the Registrar under Section 34 is only incidental and is intended for maintaining correct records. The court emphasized that the acceptance of Form No.VII is a ministerial act and not amenable to writ jurisdiction. The court also noted that the Writ Petitioner had already filed a civil suit seeking similar relief and had not obtained any interim order, making the Writ Petition not maintainable.
Final Decision: The Writ Petition was dismissed, and the Writ Appeal was allowed. The interim stay granted by the Single Judge in the Writ Petition was vacated. No costs were awarded, and the connected motions were closed and dismissed.

Judgment :-

R. Banumathi, J.

Writ Appeal No.354/2008 is preferred against the interim orders passed in M.P.(MD)No.2 of 2008 in W.P.(MD)No.3543/2008, staying the proceedings of the District Registrar of Societies, Periyakulam, dated 08.04.2008. Writ Petition No.3543/2008 is filed challenging the acceptance of Form No.VII filed by the Appellant by the proceedings of the District Registrar of Societies, Periyakulam, dated 08.04.2008. For convenience, the parties are referred as per the array of parties in the Writ Petition.

2. Background facts which led to the filing of the Writ Petition and the Writ Appeal, are as follows:

(a) Kallar Kalvi Kazhagam, Usilampatti (in short "Kallar Society") is a Society Registered under the Tamil Nadu Societies Registration Act, 1975 (in short "the Act") on 30.12.1967. The main purpose of the Kallar Society is to start and manage educational institutions at all levels, including Arts and Science Colleges at Usilampatti and other places in Tamilnadu in order to impart education, generally to students of de-notified Tribes, Backward Classes, Scheduled Caste and Tribes and to provide facilities to studies in Technology, Agriculture and Research. The Kallar Society, by virtue of its Bye-Laws, has powers to raise funds by way of subscriptions, donation and endowments and also has the right to acquire properties in order to augment the sources of income.

(b) The Kallar Society runs an Arts and Science College, namely Pasumpon Muthuramalinga Thevar College, in Usilampatti. The College was established in the year 1968. It is affiliated to Madurai Kamaraj University. There are 1119 members on the rolls as per Form VI, dated 05.11.2005, submitted by the Kallar Society. The Managing Committee consists of 16 members, including the President, Secretary and Treasurer. They are elected by the General Body and the term of the Managing Committee is ordinarily 3 years from the date of election.

(c) The last election was held on 05.11.2005 and accordingly new office bearers, with 13 Executive Members, were elected to the Kallar Society. The Writ Petitioner O.R. Ramachandran was elected as Secretary and one Irulandi and Thavasi were elected as President and Treasurer, respectively.

The tenure starts from 05.11.2005 upto 04.11.2008.

(d) As per the Bye-Laws of the Kallar Society, the Secretary of the Society will be the Secretary of the College Committee and hence the Secretary of the Society O.R.Ramachandran became the Secretary of the College Committee also.

(e) There has been several litigations and in-fight for the management of the Society and the College Committee between two groups, to which we would refer shortly. Extraordinary General Body Meeting was held on 13.12.2006, in which one M.P.Ramar was said to be elected as the President and one O.Durairaj Thevar and K.P.Santhanam were elected as the Secretary and Treasurer, respectively and other Executive Members were also elected. Managing Committee was constituted in the Extraordinary General Body Meeting convened on 13.12.2006. The newly elected committee of the Society, constituted in pursuance of the Extra General Body Meeting convened on 13.12.2006, presented Form No.VII stating that as per the Resolution passed on 13.12.2006, the earlier committee was removed in toto. The Writ Petitioner filed O.S.550/2006 on the file of Sub-Court, Madurai that the meeting proposed to be convened on 13.12.2006 is illegal. Form No.VII was received by the 2nd Respondent - District Registrar with an endorsement that Form No.VII is filed subject to the result of Civil Suits O.S.No.550/2006 on the file of Sub-Court, Madurai and O.S.No.2/2007 on the file of District Munsif Court, Periyakulam.

(f) The Proceedings of the District Registrar was challenged by way of Writ Petition in W.P.(MD) No.960/2007 by the Writ Petitioner. In the said Writ Petition, the 2nd Respondent filed a counter stating that Form.No.VII was temporarily approved, subject to the final judgment in the pending suits

Click Here to Read the rest of this document

Judicial Analysis