P. VELMURUGAN, J.

1 (a) Thiru.Periyar E.V.Ramasamy Naicker, Rationalist Leader and Social Reformer formed a registered association by name Chikkaiah Naicker College Managing Board in 1954 and established a college at Erode utilising 50 acres of land allotted by the then Madras Presidency. The evil desire of few people to take over the management of the college and grab 50 acres of land and transfer the assets to their own society constituted for the said purpose is the sum and substance of this litigation.

(b) The attempt made by a person in 2012 claiming herself to be the Committee Member of Chikkaiah Naicker College Managing Board, which was declared as a defunct society on 28 December 1994, resulting in passing an order by the Registrar of Societies to strike off the name of the society and publication of the same in the Government Gazette on 3 May 1995, for revival of the society and merge it with another society formed by the son of its erstwhile Secretary, thereby, to take over the management of a college, succeeded before the learned single Judge. The State in the appeal has now demonstrated the legal flaw in the order passed by the learned single Judge, overlooking the provisions of the Tamil Nadu Societies Registration Act. The order passed by the learned Single Judge if allowed to stand would have the effect of reviving the society which was declared as a defunct society way back on 3 May 1995 and transferring all its assets, including a college and prime land given by the Government, to a society floated by the son of the alleged member of the defunct society, who earlier filed a Writ Petition challenging the action of the Government in appointing a Special Officer to the college and to take over the institution.

(c) The first respondent managed to over come the limitation period of 60 days prescribed by the Tamil Nadu Societies Registration Act and Rules made thereunder for challenging the order declaring the society as defunct and striking off its name, by giving a representation in 2012, and challenging the order declining to grant the relief in a Writ Petition, to achieve the purpose which cannot otherwise be achieved, on account of the period of limitation.

(d) The issue is covered by the judgment of the Hon'ble Supreme Court in C.Jacob v. Director of Geology and Mining and another [2008 (13) Scale 434], wherein, the Supreme Court held that representations relating to matters which have become stale or barred by limitation, can be rejected on that ground alone or in case an order is passed considering, or, and rejecting the claim or representation, in compliance with the direction of the Court, such order does not revive the stale claim, nor amount to an acknowledgment to give rise to a fresh cause of action.

The Facts of the Case are as follows:

2. (a) The School Board by name Mahajana Schools Board was originally established by Periyar E.V.Ramasamy Naicker, along with Philanthropists and educationalists residing in and around Erode. The Government initially allotted 12 acres of land for establishment of the College. Subsequently, pursuant to the request made by Mahajana School Board, another extent of 38 acres of land was allotted by the then Madras Presidency at a nominal cost. Mahajana School Board after taking over 50 acres of land allotted by the then Government of Madras Presidency, established a college. The college was declared open on 10 August 1958 by the then Minister for Education and Finance, Government of Madras Presidency. The College was affiliated to Bharathiyar University.

(b) The University Grants Commission issued certain directions for constituting Managing committee for the colleges affiliated to the Universities and governed by the UGC regulations. Mahajana Schools Board therefore established Chikkaih Naicker College Managing Board.

(c) The Chikkaiah Naicker College Managing Board was registered as a society under the provisions of the Tamil Nadu Societies Registration Act.

(d) There