← Library
Madras High CourtCRP(MD)/456/2017disposed of

Aruppukottai Nadargal v. V.Arivazhagan

2017-03-08Honourable Dr Justice G. Jayachandran3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.03.2017 CORAM :

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN CRP(NPD)(MD)No.456 of 2017 and CMP(MD)No.2227 of 2017 1)Aruppukottai Nadargal Uravinmurai Pothu Abiviruthi Trust Nadargal Uravinmurai Pothu Mahamai Buildings, No.42, Big Bazzar Street, Aruppukottai - 626 101, Virudhunagar District, Represented by Secretary 2)T.Asaithambi ... Petitioners vs.

1)V.Arivazhagan 2)M.R.Kanagavel 3)K.Muthu Dinakaran 4)P.M.C.Muthusamy 5)T.Rajapandian 6)C.Muthukumar 7)R.Rajarajan 8)P.Inbasekaran 9)P.Ajay 10)M.Kannan 11)M.Baskaran 12)The Administrative Committee of Aruppukottai Nadargal Uravinmurai Pothu Abiviruthi Trust Represented by its President Nadargal Uravinmurai Pothu Mahamai Buildings No.42, Big Bazzar Street, Aruppukottai - 626 101, Virudhunagar District.

13)The Executive Committee of Aruppukottai Nadargal Uravinmurai Pothu Abiviruthi Trust Represented by its President Nadargal Uravinmurai Pothu Mahamai Buildings No.42, Big Bazzar Street, Aruppukottai - 626 101, Virudhunagar District.

14)The President, Aruppukottai Nadargal Uravinmurai Pothu Abiviruthi Trust Nadargal Uravinmurai Pothu Mahamai Buildings No.42, Big Bazzar Street, Aruppukottai - 626 101, Virudhunagar District.

15)M.Samraj 16)M.Ganesan 17)K.M.P.C.Suresh Kumar Nadar 18)The District Registrar of Societies, Virudhunagar District, Virudhunagar.

19)The Election Committee, (as per notification dated 17.12.2015 Published as advertisement in newspaper Malaimalar dated 18.12.2015) Aruppukottai Nadargal Uravinmurai Pothu Abiviruthi Trust Nadargal Uravinmurai Pothu Mahamai Buildings No.42, Big Bazzar Street, Aruppukottai - 626 101, Virudhunagar District.

20)N.Rathinasekar Nadar @ Sekar (deceased) Patron and Hereditary Trustee/Election Officer (as per notification dated 17.12.2015 Published as advertisement in newspaper Dinamalar dated 20.12.2015) S/o.Nataraja Nadar Old No.13-A, New No.45 Subramaniapuram 1st Main road, Madurai-11.

21)A.R.Ramar Nadar Patron and Hereditary Trustee/Election Officer (as per notification dated 17.12.2015 Published as advertisement in newspaper Dinamalar dated 20.12.2015) S/o.A.R.Ramalinga Nadar, 234, Naickkar Kottam, Vaisali Street Coimbatore.

... Respondents Petition filed the Under Article 227 of Constitution of India, to direct the District Munsif Court, Aruppukottai, to dispose of the interlocutory Application in I.A.No.33 of 2016 in O.S.No.2 of 2016 pending on the file of District Munsif within a stipulated period as may be fixed by this Honourable Court. For Petitioners : Mr.A.V.Arun for Mr.Y.Prakash

ORDER

The learned counsel for the revision petitioner submits that the interim order was granted by the Trial Court on 08.01.2016 and thereafter, I.A.No.33 of 2016 is kept pending without passing any final order in spite of completing the arguments in the application.

2.The B-Diary extract reveals that pending suit, several applications have been filed and in view of the said applications, the Trial Court was not in a position to dispose of I.A.No.33 of 2016. Due to pendency of the said interlocutory applications, the revision petitioner submits that the result of the election for the Aruppukottai Nadargal Uravinmurai Pothu Abiviruthi Trust could not be announced, though the election was conducted long back that is on 10.01.2016, resulting in impairment of administering the trust at its full level and the Secretary is now administering the trust and taking care of the day-to-day affairs and no major decision could be taken on behalf of the trust. 3.

Taking note of the submission and the facts revealed through B-Diary extract, this Court is of the opinion that it is suffice to direct the Trial Court to take up the matter on day-to-day basis and dispose the applications as early as possible. If there is any impediment in disposing the matter due to non co-operation of any of the parties, the Trial Court can decide upon the administration of the trust in accordance with law and pass appropriate orders.

With this direction, this Civil Revision Petition is disposed of. No costs. Consequently, CMP(MD)No.2227 of 2017 is closed. Sd/- Assistant Registrar(AS) /True Copy/ Sub Assistant Registrar To THE DISTRICT MUNSIF, ARUPPUKOTTAI, VIRUDHUNAGAR DISTRICT +1 cc to MR.Y.PRAKASH, Advocate SR.No.13204 CRP(NPD)(MD)No.456 of 2017 08.03.2017 SMA/CM-MSA/SAR-2/09.03.2017:3P/3C