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N. SATHISH KUMAR
Prof. M. Ponnambalam – Appellant
Versus
State of Tamil Nadu, Rep. by the Secretary to Government, Chennai – Respondent
JUDGMENT
(Prayer: Writ Petition has been filed under Article 226 of the Constitution of India seeking a Writ of Mandamus directing the respondents to enforce and implement Sections 36, 37(a), 39, 40, 42 and other provisions of the TamilNadu Societies Registration Act 1975, carry out the procedures provided therein and complete the process of dissolution of the Nehru School Committee Society, Puthanampatti made under Section 44(4) of the said Act within a time frame.)
1. This writ petition has been filed seeking issuance of a Mandamus directing the respondents 1 to 3 to enforce and implement Sections 36, 37(a), 39, 40, 42 and other provisions of the Tamil Nadu Societies Registration Act 1975 (hereinafter referred to as 'the State Act, 1975') and carry out the procedures provided therein and complete the process of dissolution of the Nehru School Committee Society, Puthanampatti made under Section 44(4) of the said Act with a time frame.
2. It is the case of the petitioner that his late father Mooka Pillai formed a Society in the name of "The Nehru School Committee" and registered the same as Regn.No.9 of 1947 under the Societies Registration Act, 1860 (hereinafter referred to as "the C
The provisions of Section 44(8) of the Tamil Nadu Societies Registration Act 1975, introduced later, cannot be applied retrospectively.
The main legal point established in the judgment is that the declaration of a society as defunct does not automatically result in the cancellation of its registration. A separate order of cancellatio....
The dissolution of a society under Section 13 of the Societies Registration Act, 1860 occurs automatically upon the passing of a resolution by the required majority, and the authority responsible for....
Suits for declaration of society membership and injunctions are not maintainable without challenging removal resolutions or dissolution, with concurrent factual findings on due process non-interferea....
A public trust registered as a society under the Tamil Nadu Societies Registration Act can still be managed under Section 92 of the CPC, allowing civil court intervention for breach of trust allegati....
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