Ariyanayagipuram Hindu Nadar v. A.Palanisamy Nadar
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.08.2018
CORAM
THE HONOURABLE MR. JUSTICE G.R.SWAMINATHAN C.R.P.PD[MD]No.1484 of 2018 and C.M.P.[MD]No.6428 of 2018 1.Ariyanayagipuram Hindu Nadar Uravinmurai Uyar Thuvakkapalli, Throught its President, Ariyanayagipuram, Sankarankovil Taluk, 2.Ariyanayagipuram Hindu Nadar Uravinmurai Uyar Thuvakkapalli, Through its Secretary, Ariyanayagipuram Village, Sankarankovil Taluk, 3.C.Vaithiyalingam 4.C.Muthaiah 5.N.Arunagirisamy 6.A.Ramakrishnan 7.P.Subramanian 8.A.Kadarkaraisamy 9.A.Pitchandi ...1 to 9 Petitioners/1 to 9 Petitioners/ 1 to 9 Defendants 10.K.Marikani 11.P.Paramasivam 12.P.Marikani 13.S.Thirumalaisamy 14.A.Kanagaraj 15.S.Pitchandi
...Petitioners 10 to 15/
Petitioners 11 to 16/Defendants 11 to 16 Vs.
1.A.Palanisamy Nadar 2.S.S.Arumugasamy Nadar 3.M.Mahendran 4.C.Kadarkaraisamy 5.V.Kaliappan ... Respondents1 to 5/Respondents 1 to 5 Plaintiffs
6.The District Registrar, Tenkasi, 7.The District Chief Educational Officer, 8.The District Educational Officer, 9.The District Elementary Educational Officer, 10.The Additional Assistant Elementary Educational Officer, Sankarankovil, 11.State of Tamil Nadu, Rep. through the District Collector, Collectorate,
...Respondents 6 to 11/Respondents 6 to 11/
Defendants 17 to 22 12.P.Perumal ...12th Respondent/10th Petitioners/ 10th Defendants PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India, praying to set aside the fair and decretal order dated 18.06.2018 passed in I.A.No.523 of 2016 in O.S.No.130 of 2015 on the file of Additional District Munsif Court, Sankarankovil by allowing this Civil Revision Petition with cost. For Petitioner : Mr.V.Meenakshisundaram for Mr.D.Nallathambi For Respondents 2 to 4 : Mr.S.Louis For Respondent No.5 : No appearance For Respondent No.6 : Mr.M.Murugan Government Advocate For Respondents 7 to 10 : Mrs.S.Srimathy Special Government Pleader For Respondent No.11 : Mr.M.Karuppasamy Government Advocate Respondent No.12 : Notice Dispensed with
O R D E R
************ O.S.No.130 of 2015 was filed by the contesting respondents herein before the Additional District Munsif Court, Sankarankovil, seeking certain reliefs. The subject matter of the suit pertains to the validity of the election that was held on 05.04.2015 for Ariyanayagipuram Hindu Nadar Uravinmurai Uyar Thuvakkapalli and the consequential steps that were taken pursuant to the said election. 2.As per the provisions of Section 15 of Tamil Nadu Societies Registration Act, 1975, the tenure of an elected body can only be three years and not one day more. Therefore, the issues raised in the suit have obviously become infructuous. Therefore, without going into the merits of the matter, the Civil Revision Petition is disposed of by directing the learned trial Munsif to dismiss O.S.No.130 of 2015 as infructuous. It is made clear that the rights of the plaintiffs are left open. It is always open to them to take appropriate proceedings with regard to the events that have taken place later.
3.The learned Counsel appearing for the revision petitioners on instructions gives an undertaking that the revision petitioners will not take the plea that the validity of the election held on 05.04.2015 was not decided.
4.Recording his undertaking, the Civil Revision Petition is disposed of. No costs. Consequently, the connected miscellaneous petition is closed.
Sd/- Assistant Registrar (CS-I) // True Copy // Sub Assistant Registrar(CS-I) To
1. The Additional District Munsif Court, Sankarankovil.
2.The District Registrar, Tenkasi, 3.The District Chief Educational Officer,
4.The District Educational Officer, 5.The District Elementary Educational Officer, 6.The Additional Assistant Elementary Educational Officer, Sankarankovil, 7.The District Collector, State of Tamil Nadu, Collectorate, ORDER MADE IN C.R.P.PD[MD]No.1484 of 2018 30.08.2018 mr TR/RP/SAR-I(01.11.2018)4P 8C