C.R.P(MD)No.646 of 2017

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

Dated: 17.08.2022

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI

C.R.P(MD)No.646 of 2017

and

C.M.P(MD)No.2917 of 2017

Radhakrishnan

President

Paramakudi Vaniya Uravin

Muraiyalarkalin Pothusabai,

Door No.8/191, Kannaki Street,

Paramakudi Town,

Ramanathapuram District.

... Petitioner

Vs

V.Sundaramoorthy

... Respondent

PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of

India, to allow the civil revision petition to set aside the fair and decreetal

order dated 30.01.2017 made in I.A.No.790 of 2013 in O.S.No.150 of 2011 on

the file of the District Munsif Court, Paramakudi and dismiss the said

application.

For Petitioner

: Mr.A.Arumugam

For Respondent

: Mr.S.Sivathilagar

*****

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C.R.P(MD)No.646 of 2017

ORDER

This civil revision petition is filed as against the order of the learned

District Munsif, Paramakudi in I.A.No.790 of 2013 in O.S.No.150 of 2011, dated

30.01.2017.

2.The respondent / plaintiff has filed the above suit in O.S.No.150 of

2011 for the following reliefs:

“a.To declare the validity of the enquiry that is conducted

under Section 36 of the Tamil Nadu Societies Registration Act, by the

third defendant in Lr.No.5063/A2/2009, dated 16.09.2010 and

30.08.2010 is sustainable under law.

b.To declare that the order passed against the provision of the

Act and Rules made thereunder in Lr.no.23783/I1/201T dated by the

second defendant is null and void.

c.To direct the first defendant who has the sovereign power

under this Act to pass order for the amalgamation of the Paramakudy

Vaniyar Uravin Muraiyarkalin Pothu Sabai into the Paramakudy Vaniyar

Sangam (S.No.62/2008) that entrusted with the powers to make Rules

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C.R.P(MD)No.646 of 2017

regarding the amalgamation of societies under this Tamil Nadu

Societies Registration Act.

(d)To direct the 1^st defendant to take action against the 2^nd and

3^rd defendants for the reneged of their duty in accordance with the

issues by the personal and administrative department in the Memo

Lr.No.19500/Alyvu1/2010-11, personal and administrative reforms

department/Alyvu1 dated 03.05.2010 and the same in Lr.No.

27084/Aiyvu-1, 2020-1 personal and administrative reforms

Department/Aiyvu-1, dated 21.06.2010 collectively.

(e)To direct the 2^nd defendant to give previous sanction in

writing for the institution of criminal proceedings according to the

representation dated 16.09.2010 by the III defendant as well as the

representation dated 30.08.2010 in which the enquiry had been

conducted by the DIG of registration at Madurai regarding the reports.

(f)To grant permanent injunction by restraining the 1 to 3

defendants not to entertain any further proceedings against

Paramakudy Vaniyar Uravin Muraiyarkalin Pothu Sabai's request in the

entertainments of the affairs of the society by any means afterward.

(g)Awarding the costs of the suit.”

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C.R.P(MD)No.646 of 2017

3.The petitioner /defendant has filed the interlocutory application in

I.A.No.790 of 2013 under Order VII Rule 11 CPC to strike off the plaint that the

plaint is not maintainable under law. The respondent, who is not a member of

the petitioner's Society has filed the suit claiming to be the President of the

Society. The said application was dismissed by the trial Court. Aggrieved over

the same, the present civil revision petition is filed.

4.The learned Counsel for the petitioner submitted that the plaintiff is

not a member of the petitioner's Society, but he has filed the suit claiming

himself as the President, only in order to defame the Society.

The petitioner's Society and the respondent's Society are separate legal entities

and the respondent is not having any legal right or locus standi to file the

pre