BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Reserved on 16.08.2023 Pronounced on 10.11.2023 CORAM:

THE HONOURABLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI CRP (MD) Nos.1781 and 1843 of 2023 and CMP(MD)Nos.8876 and 9249 of 2023 CRP(MD) No.1781 of 2023 Dakshanamara Nadar Sangam, Tirunelveli, Through its Secretary, T.Rajakumar Door No.70, Salai Street, Sindhuppondurai, Tirunelveli District. ... Petitioner Vs.

1.Kamaraj Nadar

2.Anitha R.Sivandham Nadar ... Respondents PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the fair and decreetal order dated 06.07.2023 passed in I.A.No.7 of 2022 in O.S.No.205 of 2022 on the file of the Principal Sub Court, Tirunelveli, by allowing this Civil Revision Petition.

For Petitioner : Mr.Vallinayagam Senior Counsel for Mr.D.Nallathambi For R1 : Mr.V.Raghavachari Senior counsel for Mr.Kingsly Solomon For R2 : Mr.H.Arumugam CRP(MD) No.1832 of 2023 Dakshanamara Nadar Sangam, Tirunelveli, Through its Secretary, T.Rajakumar Door No.70, Salai Street, Sindhuppondurai, Tirunelveli District. ... Petitioner Vs.

1.Dakshanamara Nadarsangam, Tirunelveli, Through its Secretary, Shanmugavel Nadar, Door No.70, Salai Street, Sindhuppondurai, Tirunelveli District.

2.Kamaraj Nadar

3.Anitha R.Sivandham Nadar ... Respondents PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the fair and decreetal order dated 06.07.2023 passed in I.A.No.8 of 2022 in O.S.No.205 of 2022 on the file of the Principal Sub Court, Tirunelveli, by allowing this Civil Revision Petition.

For Petitioner : Mr.Vallinayagam Senior Counselling for Mr.D.Nallathambi For R1 : Mr.P.Pethu Rajesh For R2 : Mr.V.Raghavachari Senior counsel for Mr.Kingsly Solomon For R3 : Mr.H.Arumugam

COMMON ORDER

These civil revision petitions are preferred against the orders passed in I.A.No.07 of 2022 and I.A.No.08 of 2022 in O.S.No.205 of 2022 on the file of Principal Sub Court, Tirunelveli.

2. The suit in O.S.No.205 of 2022 was filed by the plaintiff restraining the first defendant and his men in conducting the extraordinary general body meeting on 04.05.2022. The petitioner/second defendant filed an application in I.A.No.07 of 2022 to accept the vakalat filed by one Rajakumar to represent the petitioner Sangam in the capacity of Secretary. I.A.No.08 of 2022 was filed by one R.Shanmugavel Nadar to accept his vakalat to represent the petitioner Sangam in the capacity of Secretary. A common order was passed by the Court below in the above applications accepting the vakalat filed by Mr.R.Shanmugavel Nadar as Secretary by allowing the petition filed in I.A.No.08 of 2022 and dismissed the application in I.A.No.07 of 2022 filed by Mr.Rajakumar Nadar for accepting his vakalat as Secretary of the Sangam.

3. Accordingly to the Revision Petition the Tirunelveli Dakshinamara Nadar Sangam is established for the welfare of community in 1948 by a Scheme Decree. The election for the Sangam will be held once in three years. The Office bearers will be elected in the election and their tenure is three years. Earlier, the election held was in 2018 and the last election was held in the Annual General Meeting on 31.08.2021. The election held on 31.08.2021 was conducted by the election officer Retd.Mr.Justice S.K.Krishnan. These Office bearers were functioning as Office Bearers from

31.08.2021. Mr.R.Shanmugavel Nadar was functioning as a Secretary. An Election Tribunal was formed as per Clause 10(f)(i) of the bye-law of the Sangam to resolve the complaints with regard to the election dated 31.08.2021 which was headed by Retd.Mr.Justice.T.Mathivannan and his Lordship had conducted enquiry on the election dispute. Neither the second respondent in CRP(MD) No.1781 of 2023 nor Mr.T.Rajakumar lodged any complaint against the election before Tribunal. Some of the members of the Sangam filed a suit in O.S.No.342 of 2021 challenging the election dated 31.08.2021 before the Additional Principal Sub Court, Tirunelv