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D. KRISHNAKUMAR, P. B. BALAJI
B. Ponnulingam – Appellant
Versus
Pazhiya Marakkanam Nadar Mahimai Paribalana Sanga Sothu Meetpu Sangam, Represented by its President C. Kumaresan, Tindivanam – Respondent
JUDGMENT
(Prayer: Appeal filed under Clause 15 of Letter Patent praying to set aside the order passed by this Court in W.P.No.3729 of 2012 dated 09.11.2018.)
P.B. Balaji, J.
1. A third party to the writ proceedings, aggrieved by the order of the Writ Court, with the leave of this Court obtained earlier, has filed the present Writ Appeal.
2. The writ petition was filed by the petitioner Sangam, who is the 1st respondent in the Writ Appeal. The prayer sought for before the writ court was for issuance of a Writ of Mandamus to direct the statutory respondents to appoint a liquidator, with respect to “Marakanam Nadar Mahimai Paribalana Sangam, Marakkanam” (Reg.No.4/1960)”, as mandated under Section 40 of the Tamil Nadu Societies Registration Act, 1975 and pass such further or other orders.
3. It was the case of 1st respondent before the writ court that the above-mentioned Sangam was functioning in violation of the Society’s by- laws as well as the statutory enactments and that the members of the Sangam colluded amongst themselves to grab the properties of the Society. It is the further case of the 1st respondent that, the Registrar of Societies issued a show cause notice as to why the regist
The provisions of Section 44(8) of the Tamil Nadu Societies Registration Act 1975, introduced later, cannot be applied retrospectively.
The Registrar of Societies lacks the authority to cancel registrations of societies under the Societies Registration Act, 1860 without appropriate statutory provisions.
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....
The court established that membership eligibility in a society is governed by its bye-laws, and individuals cannot claim membership rights without meeting the stipulated criteria. Additionally, the c....
Failure to follow the procedures for cancellation of registration under Section 44 of the Act, including the failure to issue notice to the society for defending their case, can lead to the quashing ....
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