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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Mr.Justice Vivek Kumar Singh, J
Samiyappan, Honorary Secretary – Appellant
Versus
Inspector General of Registration – Respondent
ORDER :
This Petition has been preferred by the petitioner on behalf of his society to declare the action of the District Collector, Thanjavur in unilaterally transferring the properties of their Sangam/Association as illegal and consequently directing the first respondent herein to initiate appropriate legal action against the respondents 2 & 3 herein by considering his representation dated 13.02.2023.
2. Insofar as the prayer in the contempt petition is to punish the respondents therein for their wilful disobedience to implement the order passed by this Court in W.P.(MD) No.11019 of 2023 dated 01.06.2023.
3. In regard to the impleading petition, this Court had earlier passed an order dated 20.11.2024 to the effect that the petitioner has to produce material documents to proof him as a member, but the petitioner has not proved his locus standi to the matter. Hence, the petition stands dismissed.
4. The facts which leads to the filing of the present Writ Petition as averred by the petitioner is as follows:
4.1. The petitioner is the Honorary Secretary of the Society for the Prevention of Cruelty to Animals [hereinafter referred to as “SPCA” for brevity] and stated that it was initially
A registered society continues to exist unless officially dissolved, and property transfers must adhere to legal procedures to be valid.
Disputes arising from the internal management of a registered society are not justiciable in writ jurisdiction and must be resolved in a competent civil court.
Internal disputes of societies must be resolved through arbitration or District Court as per Section 23 of the Societies Registration Act, 2001, not via writ petitions.
: If on application to the governing body some other officer or person be not nominated to be the defendant and thereby when it is seen that the Society must sue or be sued through a person nominated....
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....
The court affirmed that permission for property transfers under the Societies Registration Act must involve all necessary members to protect their interests, as their absence precludes legitimate obj....
Authority under Section 70 enables the Additional Registrar to cancel improper allotments and registered sale deeds within cooperative societies, reinforcing adherence to bylaws and judicial oversigh....
A society's registration does not alter the underlying trust character of assets if established prior to registration; such trusts must be evaluated for potential breaches under Section 92 CPC.
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