JUDGMENT :

Pushpa Sathyanarayana, J.

(Prayer: Writ Appeal filed under Clause 15 of Letters Patent against the Common order dated 23.07.2019 in W.P.No.10351 of 2007.

Writ Appeal filed under Clause 15 of Letters Patent against the Common order dated 23.07.2019 in W.P.No.10351 of 2007 and 42561 of 2006.)

1. These intra-court appeals are filed challenging the common order dated 23.07.2019 passed in W.P.No.10351 of 2007 and 42561 of 2006, which were directed against an order passed in Revision Petition No.513/2003/A4 dated 25.05.2006 by the Joint Registrar of Co-operative Societies. The appellant in both the appeals, is the writ petitioner in W.P. No.10351 of 2007 and 5th respondent in W.P. No.42561 of 2006 respectively.

2. The short facts leading to the above appeals are as follows:- An extent of 100 Acres of land was assigned to the villagers of Thengumarahada village to form a society known as Thengumarahada Vivasaya Corporation and to lease out the land to the members. The above assignment was issued in G.O. Ms. No.4096 Development Department dated 05.08.1948. Later, there was a modification and a revised Government Order was issued in G.O. Ms. No.3846 dated 28.04.1951 by assigning 300 acres of land to the Society for a period of fie years with certain conditions.

3. The Thengumarahada Co-operative Farming Society was formed on 30.04.1952 and registered under the Co-operative Societies Act, with an object to promote the welfare of the backward community, tribes, who are agricultural labourers and landless poor in the district of Nilgiris. Each one of the members of the Society, is eligible to get lease of 2.00 Acres of wet land and 1.00 Acre of dry land from the Society. One Nariyananjan became a member of the Society on 12.11.1952 and he was allotted to an extent of 2.00 Acres agricultural land in Survey No.20/6 and 98 Cents in Survey No.53/2, totalling to 2.98 Acres. The lease of the eligible members was approved by the District Collector.

4. As per bylaw No.10 of the Society, every member of the Society, can nominate one person to succeed in the event of his/her death. The said Nariyananjan nominated his son N.Krishnan, as his successor. On the death of Nariyananjan on 24.05.1972, his son was admitted as a member of the Society, as per Resolution No.19A dated 12.03.1972 and the shares of Nariyananjan were transferred to N.Krishnan.

5. The said Krishnan had two wives, namely Belliammal and Chinnammal. The said Chinnammal had no issues. Belliammal had one son named Shanmugam and two daughters Devi and Mathiammal. Shanmugam’s son is Sadhasivam, petitioner in W.P. No.42561 of 2006 and Devi’s one of the sons-in-law is Bhojan, who is the petitioner in W.P. No.10351 of 2007. On 21.08.1989, the said Krishnan gave a nomination letter to the Society nominating his second wife Chinnammal, as successor till his grandson Sadhasivam, who is the petitioner in W.P. No.42561/2006, attains majority. The above said Krishnan also had executed a Will nominating his minor grandson Sadhasivam, as his nominee and till he attains majority, his second wife Chinnammal, to act as guardian.

6. After the death of Krishnan, the District Collector transferred the shares standing in the name of N.Krishnan to Chinnammal, who is the second wife, on 20.10.1995. On 22.03.1996, based on the nomination, Chinnammal was admitted as a member of the Society. After she became the member, the said Chinnammal wrote a letter to the Society, nominating the appellant herein instead of Sadhasivam. After issuing the said letter, Chinnammal died in the year 1997. Based on the strength of the letter, the appellant herein filed W.P. No.15187 of 1997 seeking a writ of mandamus to transfer the shares of late Chinnammal in his favour. However, the writ petition was dismissed on 03.11.1998 granting liberty to the appellant to raise a dispute before the appropriate forum under the Tamil Nadu Co-operative Societies Act. Accordingly, a petition was filed under Section 90 of the Act, which was