A registered society continues to exist unless officially dissolved, and property transfers must adhere to legal procedures to be valid.

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 registered in the year 1929. The society purchased lands measuring to an extent of 13 acres 13 cents in the year 1935 through various sale deeds by their individual members. At this stage, the Prevention of Cruelty to Animals Act, 1960 was enacted and under Section 4 of the aforesaid Act, under the jurisdiction of the Ministry of Food and Agriculture, the Central Government established “Animal Welfare Board of India” in 1962 [in short as “Board”] which is a statutory and advisory body, was transferred to the Ministry of Environment, Forests and Climate Change in 1990 and further shifted to the Department of Animal Husbandry and Dairying.

4.2. As per the directions of the Board, the society changed its bye-laws in 1968 and by which, the District Collector, Thanjavur & Government higher officials were made as President and Honorary members of it and the secretary as ex-officio of the Executive committee by adding that the society may sell, exchange, lease, mortgage, dispose or gratuituously all or any other part of the property of it. Since the registration of 1929 was not alive, it was again registered in the year 1973 under the Societies Registration Act, 1860 vide document No.32/1973 on the file of the District Registrar, Thanjavur.

4.3. At this point of time, the Prevention of Cruelty to Animals (Establishment and Regulation of Societies for Prevention of Cruelty to Animals) Rules, 2001 was enacted which mandates every State Government to establish a SPCA in all the districts of the State, which in turn shall submit its annual report incorporating all its activities to the Board as well as to submit its annual accounts every month duly audited by any authorized body.

4.4. As per the amended bye-laws, the Secretary convened meeting and as the registration of the society was not alive, they have taken steps to re-register the society in the name of “Animal Welfare Society”. The petitioner herein and one Karunanidhi became the Honorary Secretary and Treasurer in the year 1995 & 2009 respectively. The grandfather and father of the petitioner had served as Secretary and Treasurer to the SPCA. They have been repeatedly insisting for renewal of SPCA to the then District Collectors but however the same were not considered. While that being so, on 28.02.2022, the then District Collector/Dinesh Ponraj Oliver had registered a fresh society in the name of SPCA, Thanjavur District and registered our society's properties comprised in S.Nos.99/1, 104/4B and 105/4 in the newly registered society, which is illegal and arbitrary, who had also threatened the treasurer that he will remove him from his post and also not returned the minute books of the meeting conducted dated 16.02.2022. The petitioner and the members of the society are struggling to get back their societ