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Madras High CourtCS/364/2020dismissed as abated

Kunjungamma George v. The State Of Tamil Nadu

2025-07-17Honourable Mr.Justice K.Kumaresh Babu4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 17.07.2025 CORAM :

THE HON`BLE MR.JUSTICE K.KUMARESH BABU C.S.No.364 of 2020 & A .No.426 of 2021 Mrs.Kunjungamma George ... Plaintiff vs.

1.The State of Tamil Nadu, Rep., by its Secretary, Commercial Taxes and Registration (M1) Dept., Secretariat, Fort St., George, Chennai - 600 009.

2.The Inspector General of Registration, No.100, Santhome High Road, Pattinabakkam, Chennai - 600 028.

3.The Madras Medical Mission, (a Society registered under the Tamil Nadu Societies Registration Act, 1975) Having its registered office at:

No.4-A, Dr.J.Jayalalitha Nagar, Mogappair, Chennai - 600 037.

... Defendants Prayer : Civil Suit filed under Order IV Rule 1 of CPC, 1908 Read with Order IV of the Original Side Rules to pray for judgment and decree against the defendants as follows:- 1/4

a) declare that by-law 44 of the third defendant society insofar as it bars members of the society from casting their vote through proxy and the letter dated 02.11.2020 in reference letter No.5018/M1/2020-1 issued by the 1st defendant are illegal, null and void as the same are contrary to the provisions of the Tamil Nadu Societies Registration Act, 1975;

b) mandatory injunction directing the third defendant society to henceforth conduct all elections for selection of members to the governing board of the society by allowing the members of the society to cast their vote either in person or through proxy. c)for the costs of the suit.

d) for such further or other reliefs as this Court may deem fit and proper under the circumstances of the case.

For Plaintiff : Mr.Prakash Goklaney For defendants : Mr.C.P.Sivan Mohan

J U D G M E N T

When the matter is taken up for hearing today, the learned counsel for 2/4

the plaintiff would submit that the plaintiff is no more and further submitted that he is unable to trace the legal heirs of the deceased plaintiff and requested this Court to dismiss the suit as abated.

2.Recording the said submissions made by the learned counsel for the plaintiff, the Suit is dismissed as abated. Consequently, connected miscellaneous petition is also closed.

17.07.2025 Index : Yes / No Internet :Yes / No Gba 3/4

K.KUMARESH BABU.J., Gba C.S.No.364 of 2020 & A.No. 426 of 2021 17.07.2025 4/4