IN THE HIGH COURT OF JUDICATURE AT MADRAS
C.V. KARTHIKEYAN, J.
A. Nagalakshmi @ Kumari – Appellant
Versus
The State of Tamil Nadu, Rep. by its Secretary Commercial Taxes & Registration Department, Chennai & Others – Respondents
W.P. Nos. 19695 of 2017, 9013 of 2018 & 34563 of 2019 & Crl.RC. No. 278 of 2022 & W.M.P. Nos. 21248, 21249 of 2017 & 10865, 35924, 10866 of 2018 & 6171 of 2019
Decided On : 03-03-2023
Association - Cine Technician Association of South India - Tamilnadu Societies Registration Act 1975, Section 34-A - The judgment discusses the functioning of the Cine Technician Association of South India and the appointment of a Special Officer under Section 34-A of the Tamilnadu Societies Registration Act 1975. The court emphasizes the need for conducting fresh elections and appointing a Special Officer to regularize the functioning of the Association.
Fact of the Case:
The case involves multiple writ petitions and a criminal revision case related to the functioning of the Cine Technician Association of South India. The petitioners sought various reliefs including the approval of a new committee, quashing of government orders, and challenging a criminal complaint.
Finding of the Court:
The court found that the Association was embroiled in internal conflicts, leading to the appointment of a Special Officer under Section 34-A of the Tamilnadu Societies Registration Act 1975. The court directed the appointment of a Special Officer to conduct fresh elections and regularize the Association's functioning.
Issues: The main issues revolved around the internal disputes within the Cine Technician Association of South India, the validity of government orders, and the criminal complaint filed by the petitioner.
Ratio Decidendi: The court emphasized the need for conducting fresh elections and appointing a Special Officer to regularize the functioning of the Association under Section 34-A of the Tamilnadu Societies Registration Act 1975. The court also upheld the dismissal of the criminal revision case, stating that the publication in question was justified and did not infringe any rights.
Final Decision: The court dismissed all the writ petitions and the criminal revision case, while directing the appointment of a Special Officer to take control of the Association, conduct elections, and regularize its functioning.
JUDGMENT
(Prayer: Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus directing the respondents particularly 1st to 3rd to sanction or approve the new committee as per the 71st Annual General Body Meeting dated 09.04.2017 of “The Cine Technicians Association of South India” considering petitioner''s representation dated 26.10.2019.
Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Certiorari calling for the records comprised in the proceedings of the third respondent bearing No. 7220/E2/2017 dated 21.07.2017 and quash the same.
Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Certiorari calling for the records comprised in the proceedings of the first respondent bearing G.O.Ms.No. 39 dated 22.03.2018 and quash the same.
Revision under Section 397 read with 401 of Cr.P.C., praying to call for the records in Crl.M.P.No. 2025 of 2020 on the file of the XIV Metropolitan Magistrate, Egmore and set aside the order dated 10th December 2021.)
Common Order
1. W.P.No. 19695 of 2017 had been filed by K.Ramachandra Kurup, President, Cine Technicians Association of South India, against the Secretary to Government of Tamilnadu, Department of Commercial Taxes and Registration, the Inspector General of Registration and the District Registrar of Societies, South Chennai and V.V.R.Choudhary, in the nature of a Certiorari to call for the records of the third respondent bearing No. 7220/E2/2017 dated 21.07.2017 and to quash the same.
2. W.P.No. 9013 of 2018 had been filed by S.N.R.Balasubramaniam, Vice President of Cine Technicians Association against the very same respondents in the nature of a Certiorari to call for the records relating to G.O.Ms.No. 39 dated 22.03.2018 and quash the same. Pending the Writ Petition, the writ petitioner died and M.Prem Kumar, Secretary of the Association had been impleaded as the petitioner.
3. W.P.No. 34563 of 2019 had been filed by Mrs. A. Nagalakshmi @ Kumari, against the same first to third respondents and against S.N.R.Balasubramaniam, the petitioner in W.P.No. 9013 of 2018, who died and thereafter M.Prem Kumar had been impleaded as further respondent, in the nature of a Mandamus seeking a direction to approve the new committee as per the 71st Annual General Body Meeting dated 09.04.2017 of the Cine Technicians Association of South India and to consider the representation dated 26.10.2019.
4. Crl.R.C.No. 278 of 2022 had been filed by the complainant in Crl.M.P.No. 2025 of 2020 on the file of XIV Metropolitan Magistrate, Egmore, K.Ramachandra Kurup, seeking to set aside the order in Crl.M.P.No. 2025 of 2020 dated 10.12.2021.
5. Crl.M.P.No. 2025 of 2020 had been filed by the petitioner K.Ramachandra Kurup under Sections 190(1)(a), 199(1) read with Section 200 Cr.P.C., for offence under Sections 499 & 500 IPC against M/s. B.Kumari @ Nagalakshmi and T.P.Gajendiran. The said petition was dismissed leading to the filing of the Criminal Revision Case.
6. The facts surrounding all the four matters overlapped and the arguments were also advanced by all the learned counsels. In view of that particular fact, a common order is being passed.
7. All the Writ Petitions surround the functioning of the Cine Technician Association of South India. The writ petitioner in W.P.No. 19695 of 2017 has claimed that he is the President and the writ petitioner in W.P.No. 9013 of 2018 claims that he is the Vice President and they both claim that the fourth respondent in the said Writ Petitions, V.V.R.Choudary is an expelled member of the Association.
8. The Cine Technician Association of South India was registered before the Registrar of Societies under Serial No. 179/1988 under the provisions of the Tamilnadu Societies Registration Act 1975. It had been formed for the benefit of Cine Technician in the film industries all over South India. It had been claimed that V.V.R. Choudary, the fourth respondent in the two Wr
The main legal principle established is the court's authority to appoint a Special Officer under Section 34-A of the Tamilnadu Societies Registration Act 1975 to address internal conflicts and regula....
Amendment sought in a civil suit at the stage of judgment cannot be permitted, and interlocutory applications filed with the idea to prolong and protract the suit cannot be encouraged by the courts.
Judicial orders must maintain consistency; once signed by a judge, an order cannot be rescinded without legitimate reasons, ensuring lawful procedural conduct in civil matters.
A Civil Suit would be maintainable unless expressly barred by any other law. Disputes touching the constitution, management, or the business of a cooperative society are to be referred to the Registr....
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