Kovilpatti Nadar Uravinmurai Sangam, v. K.A.Velumani
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Tuesday, the Twenty Fourth day of September Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice S.S.SUNDAR AND The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY WA(MD).Nos.1520,1512,1513,1013,1211,1212, 1213,1214,1215,1216,1217,1218, 1219 and 1521 of 2022 and Connected Miscellaneous Petitions Kovilpatti Nadar Uravinmurai Sangam, Kovilpatti, Old No.32, New No.65, Pathrakaliamman Kovil Street, Kovilpatti-628 501, Rep by its The President (Ad-Hoc Arrangement) ... Appellant/3rd Respondent in WA(MD).1520/2022
1. A.P.K.Palani Selvam The President, Kovilpatti Nadar Uravinmurai Sangam, Kovilpatti, Tuticorin District.
2. S.R.Jayabalan The Secretary, Kovilpatti Nadar Uravinmurai Sangam, Kovilpatti, Tuticorin District.
... Appellant/Respondents 2&3 in WA(MD). 1211 to 1219/ 2022 1/17
1. The President Kovilpatti Nadar Uravinmurai Sangam, Kovilpatti, Tuticorin District.
2. The Secretary Kovilpatti Nadar Uravinmuram Sangam, Kovilpatti, Tuticorin District.
...Appellants/Respondents 2&3 in WA(MD). 1512/ 2022
1. The Secretary Kovilpatti Nadar Uravinmuram Sangam, Kovilpatti, Tuticorin District.
2. The President Kovilpatti Nadar Uravinmurai Sangam No. 32, Pathrakaaliamman Kovil Street Kovilpatti- 628 501, Thoothukudi District.
... Appellants/Respondents 2&3 in WA(MD). 1513/ 2022 Kovilpatti Nadar Uruavinmurai Sangam,Kovilpatti, Kovilpatti, (Registration No. S.23/1955) Old No.32, New No.65, Pathrakaliamman Kovil Street, Kovilpatti - 628 501, Rep.by its the President (Ad-Hoc Arrangement) ... Appellant/3rd Respondent in WA(MD). 1521/ 2022
1. A.P.K. Palani Selvam, The President, Kovilpatti Nadar Uravinmurai Sangam, Kovilpatti, Tuticorin District.
2. S.R. Jayabalan, The Secretary, Kovilpatti Nadar Uravinmurai Sangam, Kovilpatti, Tuticorin District.
... Appellants/Respondents 2&3 in WA(MD). 1013/ 2022 2/17
- Vs. -
1. K.A.Velumani
2. V.Abraham Ayyadurai
3. M.Paramasivam
4. M.Sudhakar
5. K.A.Balasubramanian
6. K.Thanga Mariappan
7. The State of Tamilnadu, Rep. by the District Registrar, Palayamkottai, Tirunelveli District.
8. V.Nagarajan, The Advocate Commissioner/Election Officer, Kovilpatti Nadar Uravinmurai Sangam, Kamarajar International Academy (CBSE), Pasuvanthanai Road, Pandavarmangalam, Kovilpatti-628 501.
... Respondents in WA(MD) 1520 of 2022
1. Alagu Manickavasagam
2. The District Registrar Office of the District Registrar, Palalyamkottai, Tirunelveli District.
3. V.Nagarajan The Advocate Commissioner, Kamaraj International Academy, Kovilpatti, Tutuicorin District.
... Respondent2&3/Respondent 1&4 in in WA(MD). 1211/ 2022 3/17
1. S.Jeyaseelan
2. The District Registrar Office of the District Registrar, Palalyamkottai, Tirunelveli District.
3. V.Nagarajan The Advocate Commissioner, Kamaraj International Academy, Kovilpatti, Tutuicorin District.
... Respondent2&3/Respondents 1&4 in WA(MD). 1212/ 2022
1. P.Arunagiri Pandian
2. The District Registrar Office of the District Registrar, Palalyamkottai, Tirunelveli District.
3. V.Nagarajan The Advocate Commissioner, Kamaraj International Academy, Kovilpatti, Tutuicorin District.
... Respondent2&3/Respondents 1&4 in WA(MD). 1213/ 2022
1. M.A.Pitchaikani
2. The District Registrar Office of the District Registrar, Palalyamkottai, Tirunelveli District.
3. V.Nagarajan The Advocate Commissioner, Kamaraj International Academy, Kovilpatti, Tutuicorin District.
... Respondent2&3/Respondents 1&4 in WA(MD). 1214/ 2022 4/17
1. V.Saravanan
2. The District Registrar Office of the District Registrar, Palalyamkottai, Tirunelveli District.
3. V.Nagarajan The Advocate Commissioner, Kamaraj International Academy, Kovilpatti, Tutuicorin District.
... Respondent2&3/Respondents 1&4 in WA(MD). 1215/ 2022
1. K.Muthuraja
2. The District Registrar Office of the District Registrar, Palalyamkottai, Tirunelveli District.
3. V.Nagarajan The Advocate Commissioner, Kamaraj International Academy, Kovilpatti, Tutuicorin District.
... Respondent2&3/Respondents 1&4 in WA(MD). 1216/ 2022
1. Anantharaj
2. The District Registrar Office of the District Registrar, Palalyamkottai, Tirunelveli District.
3. V.Nagarajan The Advocate Commissioner, Kamaraj International Academy, Kovilpatti, Tutuicorin District.
... Respondent2&3/Respondents 1&4 in WA(MD). 1217/ 2022 5/17
1. V.N.P.R.A.Prabakaran
2. The District Registrar Office of the District Registrar, Palalyamkottai, Tirunelveli District.
3. V.Nagarajan The Advocate Commissioner, Kamaraj International Academy, Kovilpatti, Tutuicorin District.
... Respondent2&3/Respondents 1&4 in WA(MD). 1218/ 2022
1. T.Thangamariappan
2. The District Registrar Office of the District Registrar, Palalyamkottai, Tirunelveli District.
3. V.Nagarajan The Advocate Commissioner, Kamaraj International Academy, Kovilpatti, Tutuicorin District.
... Respondent2&3/Respondents 1&4 in WA(MD). 1219/ 2022
1. S. Palthurai Nadar
2. J.Kishore Kumar Nadar
3. K. Sreedhar Nadar
4. K.A.Shenbagaraj Nadar
5. C.Tamilmani @ Sekar
6. B.Suresh Nadar
7. J.Jayachandran Nadar
8. K.Kadarkarai Selvam Nadar 6/17
9. A.Sivakumar Nadar
10. P.Selvamariappan Nadar
11. A.Shankar Nadar
12. R.Sundaramurthy
...Respondents Nos. 1 to 12/
Petitioners
13. The District Registrar Office of the District Registrar, Palayamkottai, Tirunelveli District.
14.V. Nagarajan The Advocate Commissioner, Kamaraj International Academy, Kovilpatti, Tuticorin District.
... Respondent No.13&14/Respondents 1&4 in WA(MD). 1512/ 2022
1. T.K.T. Thilagarathinam Nadar
2. T.V. Shenbagaraj Nadar
3. G. Rajan Nadar
4. R. Kannan Nadar
5. L. Saravanakumar Nadar
6. J. Seenivasan Nadar
7. A.M.P. Selvamurugan Nadar
8. P. Rajasekar Nadar
9. K. Jeyapal Nadar
10. M. Elango Nadar
11. T.R. Ramsingh Nadar
12. S.T. Thirupathiraja Nadar
13. V. Palraj Nadar 7/17
14. C. Jegan Nadar
15. E. Arulraj Nadar
16. R. Vijaya Nadar
17. V. Balamurugan Nadar
18. S. Suthakaran Nadar
19. T. Ashokmaran Nadar
20. S. Somasundaram Nadar
21. R. Selvakumar Nadar
22. K. Manoharan Nadar
23. V. Rameshkumar Nadar
24. K. Ashokan Nadar
25. C. Selvakumar Nadar
26. J. Vijaykannan Nadar
27. G. Kamraj Nadar
28. The District Registrar and Registrar of Societies, Thoothukkudi - 628 002.
29. V. Nagarajan The Advocate Commissioner, Kamaraj International Academy Kovilpatti , Thoothukkudi District.
... Respondent 28&29/Respondents 1&4 in WA(MD). 1513/ 2022
1. V.Suresh Kumar
2. Balasundaram. T
3. Porchezhiyan. A
4. Murugesan. K ..Respondents No.1 to 4/Petitioners 8/17
5. The State of Tamilnadu Represented by the District Registrar, Palayamkottai, Tirunelveli District.
6. Nagarajan. V The Advocate Commissioner, Election Officer, Kovilpatti Nadar Uravinmurai Sangam, Kamarajar International Academy (Cbse), Pasuvanthanai Road, Pandavarmangalam, Kovilpatti - 628 501.
7. The Inspector of Police Kovilpatti East Police Station, Kovilpatti.
8. The Inspector of Police Kovilpatti West Police Station, Kovilpatti.
... Respondent 5 to 8/Respondents No.1,2&5 in in WA(MD). 1521/ 2022
1. M.T.M. Thangaraj, ...1st Respondent/Petitioner
2. The District Registrar, Office of the District Registrar, Palayamkottai, Tirunelveli District.
9/17
3. V. Nagarajan, The Advocate Commissioner, Kamaraja International Academy, Kovilpatti, Tuticorin District.
... Respondent 2&3/Respondents 1&4 in WA(MD). 1013/ 2022 Prayer in WA(MD). 1520/ 2022 :
Writ appeal filed under clause 15 of letters patent, against the order in WP (MD).No. 28053 of 2022 dated 20-12-2022 .
Prayer in WP(MD). 28053/ 2022 :
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court Writ Petition, to issue a Writ of Mandamus directing the 2nd respondent to consider the petitioner joint objection / joint representation dated 30.11.2022 and include the petitioner names in the final voter list to enable them to contest the 2022 Election for the 3rd respondent and pass any other direction deemed fit to the fact and circumstances of the case and thus render justice Prayer in WA(MD). 1211/ 2022 :
Writ Appeal filed under Clause 15 of Letters Patent, praying to prefer this memorandum of grounds of writ appeal against the order in W.P.(MD).No.15351 of 2022 dated 20-07-2022 for the following among other. Prayer in WP(MD). 15351/ 2022 :
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, to call for the records of the Impugned order dated 24.06.2022 on the file of the 2nd and 3rd Respondent and quash the same as illegal and to pass such further or other orders as this Honble Court may deem fit and proper in the said circumstances of this case and thus render justice. Prayer in WA(MD). 1212/ 2022 :
Writ Appeal filed under Clause 15 of Letters Patent, praying to prefer this memorandum of grounds of writ appeal against the order in W.P.(MD).No.15352 of 10/17
2022 dated 20-07-2022 for the following among other. Prayer in WP(MD). 15352/ 2022 :
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, to call for the records of the Impugned order dated 24.06.2022 on the file of the 2nd and 3rd Respondent and quash the same as illegal and to pass such further or other orders as this Honble Court may deem fit and proper in the said circumstances of this case and thus render justice. Prayer in WA(MD). 1213/ 2022 :
Writ appeal filed under clause 15 of letters patent,to prefer this memorandum of grounds of writ appeal against the order in WP(MD).No. 15353 of 2022 dated 2007-2022 for the following among other. Prayer in WP(MD). 15353/ 2022 :
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, to call for the records of the Impugned order dated 24.06.2022 on the file of the 2nd and 3rd Respondent and quash the same as illegal and to pass such further or other orders as this Honble Court may deem fit and proper in the said circumstances of this case and thus render justice. Prayer in WA(MD). 1214/ 2022 :
Writ Appeal filed under Clause 15 of Letters Patent, praying to prefer this memorandum of grounds of writ appeal against the order in W.P.(MD).No.15354 of 2022 dated 20-07-2022 for the following among other. Prayer in WP(MD). 15354/ 2022 :
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, to call for the records of the Impugned order dated 24.06.2022 on the file of the 2nd and 3rd Respondent and quash the same as illegal and to pass such further or other orders as this Honble Court may deem fit and proper in the said circumstances of this case and thus render justice. Prayer in WA(MD). 1215/ 2022 :
Writ Appeal filed under Clause 15 of Letters Patent, praying to prefer this Memorandum of Grounds of Writ Appeal against the order in W.P.(MD). No. 15355 of 2022 dated 20-07-2022 for the following among other. 11/17
Prayer in WP(MD). 15355/ 2022 :
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, to call for the records of the Impugned order dated 24.06.2022 on the file of the 2nd and 3rd Respondent and quash the same as illegal and to pass such further or other orders as this Honble Court may deem fit and proper in the said circumstances of this case and thus render justice. Prayer in WA(MD). 1216/ 2022 :
Writ Appeal filed under Clause 15 of Letters Patent, praying to prefer this Memorandum of Grounds of Writ Appeal against the order in W.P.(MD). No. 15356 of 2022 dated 20-07-2022 for the following among other. Prayer in WP(MD). 15356/ 2022 :
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, to call for the records of the Impugned order dated 24.06.2022 on the file of the 2nd and 3rd Respondent and quash the same as illegal and to pass such further or other orders as this Honble Court may deem fit and proper in the said circumstances of this case and thus render justice. Prayer in WA(MD). 1217/ 2022 :
Writ Appeal filed under Clause 15 of Letters Patent, praying to prefer this Memorandum of Grounds of Writ Appeal against the order in W.P.(MD). No. 15357 of 2022 dated 20-07-2022 for the following among other. Prayer in WP(MD). 15357/ 2022 :
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, to call for the records of the Impugned order dated 24.06.2022 on the file of the 2nd and 3rd Respondent and quash the same as illegal and to pass such further or other orders as this Honble Court may deem fit and proper in the said circumstances of this case and thus render justice. Prayer in WA(MD). 1218/ 2022 :
Writ Appeal filed under Clause 15 of Letters Patent, praying to prefer this Memorandum of Grounds of Writ Appeal against the order in W.P.(MD). No. 15358 of 2022 dated 20-07-2022 for the following among other. 12/17
Prayer in WP(MD). 15358/ 2022 :
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, to call for the records of the Impugned order dated 24.06.2022 on the file of the 2nd and 3rd Respondent and quash the same as illegal and to pass such further or other orders as this Honble Court may deem fit and proper in the said circumstances of this case and thus render justice. Prayer in WA(MD). 1219/ 2022 :
Writ Appeal filed under Clause 15 of Letters Patent, praying to prefer this Memorandum of Grounds of Writ Appeal against the order in W.P.(MD). No. 15359 of 2022 dated 20-07-2022 for the following among other. Prayer in WP(MD). 15359/ 2022 :
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, to call for the records of the Impugned order dated 24.06.2022 on the file of the 2nd and 3rd Respondent and quash the same as illegal and to pass such further or other orders as this Honble Court may deem fit and proper in the said circumstances of this case and thus render justice. Prayer in WA(MD). 1512/ 2022 :
Writ appeal filed under clause 15 of letters patent, to prefer this memorandum of grounds of writ appeal against the order in WP(MD).No. 28071 of 2022 dated 2012-2022 for the following among other. Prayer in WP(MD). 28071/ 2022 :
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus to calling for the impugned rejection list dated 12.12.2022 on the file of the 4th respondent in respect of the entries 3, 4, 6, 7, 8, 10, 11, 12, 13, 14, 15, 17, 18, 20, 21, 27, 29, 41 and 43 and quash the same as illegal and further directing the 4th respondent to permit the petitioners to contest in the Executive Committee election of Kovilpatti Nadar Uravinmurai Sangam scheduled to held on 25.12.2022 and pass such further or other orders as this Honble Court may deem fit and proper in the circumstances of this case and thus render justice.
Prayer in WA(MD). 1513/ 2022 :
Writ appeal filed under clause 15 of letters patent, to prefer this memorandum of grounds of writ appeal against the order in WP(MD).No. 28282 of 2022 dated 2013/17
12-2022 for the following among other.
Prayer in WP(MD). 28282/ 2022 :
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a WRIT OF CERTIORARIFIED MANDAMUS calling for the records relating to the impugned list issued by the 4th respondent Advocate Commissioner dated 12.12.2022 rejecting the nominations of the petitioners herein from contesting in the election of the 2nd respondent Society namely, Kovilpatti Nadar Uravinmurai Sangam, Kovilpatti, QUASH THE SAME, and further direct the 4th respondent Advocate Commissioner to permit the petitioners to contest in the election of the 2nd respondent Society scheduled to be held on 25.12.2022 or in any other future date, pass such further or other suitable Order / Orders as this Honbl Prayer in WA(MD). 1521/ 2022 :
Writ appeal filed under clause 15 of letters patent, to prefer this memorandum of grounds of writ appeal against the order in WP(MD).No. 27650 of 2022 dated 2012-2022 for the following among other. Prayer in WP(MD). 27650/ 2022 :
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the entire record pertaining to the impugned order passed by the 3rd respondent dated 03.02.2021 as well as the impugned election notification issued by the 2nd respondent dated 23.11.2022, published in Tamil Daily Newspaper (Tirunelveli Edison 24.11.2022) and quash the same as illegal and consequently direct the 2nd and 3rd respondents to include the name of the petitioners in the final voter list, before proceedings with the 3rd respondent, 2022 Election for 65 Executive Members Post by following the Provisions of Association Bye-Laws.
Prayer in WA(MD). 1013/ 2022 :
Writ Appeal filed under Clause 15 of Letters Patent, praying to prefer this Memorandum of Grounds of Writ Appeal against the order in W.P.(MD). No. 13642 of 2022 dated 20-07-2022 for the following among other. Prayer in WP(MD). 13642/ 2022 :
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, to call for the records of the Impugned Order dated 24.06.2022 on the file of the 2nd and 3rd Respondent and quash the same as 14/17
illegal and to pass such further or other orders as this Honble Court may deem fit and proper in the circumstances of the case and thus render justice. ORDER:- These Writ Appeals coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Thiru.V.Ragavachari, Senior Counsel for Mr.C.Mayilvahana Rajendran,for the Appellant in all Writ Appeals and Mr.Isaac Mohanlal, Senior Counsel for Mr.P.M.Vishnuvarthanan, for the Respondents in all Writ Appeals and Mr.R.Baskaran, Additional Advocate General assisted by Mr.J.Ashok, Additional Government Pleader for the seventh respondent in W.A.(MD)No.1520/2022, this Court made the following order:
"The matter is listed today under the caption, 'for being mentioned'.
2. It is stated that after the order of this Court, dated 03.11.2023, an appeal was preferred before the Hon'ble Supreme Court of India and the same was taken on file in Civil Appeal.Nos.6278 to 6291 of 2024 and the order has been passed on merits by the Hon'ble Supreme Court of India, as per which also, the Advocate Commissioner has to declare the results of the election. It is stated that the entire results of the election are kept in two sealed covers and also deposited with the Registry of this court.
15/17
3. In view of the above, so as to comply with the order, the two sealed covers, containing the election documents as well as the rejected nominations etc, are returned to the Advocate Commissioner and he shall declare the results as per the final directions issued by the Hon'ble Supreme Court of India in Civil Appeal.Nos.6278 to 6291 of 2024, forthwith. The records are handed over in the open court itself."
Sd/- Assistant Registrar( CS-III ) // True Copy // /10/2024 Sub Assistant Registrar ( CS-I / II / III / IV ) TO
1. Mr.V.Nagarajan The Advocate Commissioner,Election Officer Kovilpatti Nadar Uravinmurai Sangam Kamarajar International Academy (CBSE) Pasuvanthanai Road , Pandavarmangalam, Kovilpatti -628 501.
2) The District Registrar, Office of the District Registrar, Palalyamkottai, Tirunelveli District.
3) Mr.V.Nagarajan, The Advocate Commissioner, 62, Law Chamber, Madurai Bench of Madras High Court, Madurai. Cell - 98651 15292 16/17
4) The District Registrar, Registrar of Societies, Thoothukkudi - 628 002.
5) The Inspector of Police, Kovilpatti East Police Station, Kovilpatti.
6) The Inspector of Police, Kovilpatti West Police Station, Kovilpatti.
7) The Special Government Pleader, Madurai Bench of Madras High Court, Madurai.
8) The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
ORDER DATED : 24/09/2024 ==========================
ORDER
========================== WA(MD). No.1520 of 2022 and Batch SI -(18.10.2024) 17P/ 9C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 17/17