Madras High Court
Madurai Aruppukkottai Nadar ... vs The District Registrar ... on 21 September, 2022
WA(MD)No.1432 of 2011
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 21.09.2022
CORAM
THE HON'BLE MRS JUSTICE J. NISHA BANU
AND
THE HON'BLE MR JUSTICE N. ANAND VENKATESH
W.A.(MD)No.1432 of 2011
and
M.P.(MD)No.1 of 2011
Madurai Aruppukkottai Nadar Uravinmurai
Mahalir Melnilaipalli Paribhalana Sabai,
through its Secretary,
V.N.Sivakumar. ....Appellant/Petitioner
[Petitioner is substituted as per order dated 22.10.2018 in CMP(MD)No.
9013 of 2018]
/Vs./
1. The District Registrar (Administration),
Madurai (South),
Mahal, Madurai-1.
2. The Chief Educational Officer,
Tallakulam, Madurai-2.
3. The Inspector of Police (Law & Order),
Keerai Thurai, Madurai-1.
4. M.Rathinasamy
Page 1 of 6
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WA(MD)No.1432 of 2011
5. N.S.M.R.Mutharashu
6. M.K.Pandiyan
7. V.Nagarajan
8. P.C.Jambulingam
9. T.Ganesan
10. P.Periyasamy
11. D.Vinayaga Moorthy
12.Madurai Keelapettai Aruppukkottai Hindu
Nadaragal Uravinmurai,
115, East Masi St.,
Madurai-1
through its Secretary. ... Respondents/Respondents
PRAYER: Appeal filed under Clause 15 of the Letters Patent, praying this
Court by setting aside the order passed in W.P.(MD)No.872 of 2011, dated
14.11.2011, passed by this Court and allow the same.
For Appellant : Mr.N.Sathish Babu
For Respondents : Mr.D.Sasikumar (R1 to R3)
Additional Government Pleader
Mr.R.Murali (R5, R6, R8 to R12)
No Appearance (R4, R7)
Page 2 of 6
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WA(MD)No.1432 of 2011
JUDGMENT
J. NISHA BANU,J.
and
N. ANAND VENKATESH,J.
This Writ Appeal has been filed against the order passed by the
learned Single Judge dismissing the writ petition filed by the appellant
challenging the proceedings of the first respondent dated 12.01.2011.
2. Heard Mr.N.Sathish Babu, learned counsel appearing for the
appellant, Mr.D.Sasikumar, learned Additional Government Pleader
appearing for the respondents 1 to 3 and Mr.R.Murali , learned counsel
appearing for the respondents 5, 6, 8 to 12.
3. The issue that is involved in the present case pertains to the merger
of two registered societies. When the first respondent issued the impugned
proceedings dated 12.01.2011, the merger was permitted, subject to the
result of the suits pending before the competent Courts in O.S.Nos.982 of
2010 and 912 of 2000. The learned Single Judge, while dealing with this
issue, took note of the judgment of the Full Bench of this Court in
https://www.mhc.tn.gov.in/judis
WA(MD)No.1432 of 2011
C.M.S.Evangelical Suvi David Memorial Higher Secondary School
Committee, Karisal, through its Secretary, Sri.S.David Stephen vs. The
District Registrar, Cheranmahadevi, Tirunelveli reported in 2005 (2)
CTC 161 and found that the writ petition itself is not maintainable and
subsequently, the writ petition came to be dismissed.
4. We do not find any ground to interfere with the order of the
learned Single Judge. In any case, the first respondent had ordered for
merger of the Society, subject to the result of the suits. If the suits have
been disposed of and if any appeal has been filed against the same, it goes
without saying that it will be subject to the result of the appeal, since the
appeal is only continuation of the suits.
5. In view of the above, this Writ Appeal stands dismissed. No costs.
Consequently, connected Miscellaneous Petition is closed.
(J.N.B.,J.) (N.A.V.,J.)
21.09.2022
Index : Yes/No
Internet : Yes
https://www.mhc.tn.gov.in/judis
WA(MD)No.1432 of 2011
To:
1. The District Registrar (Administration),
Madurai (South),
Mahal, Madurai-1.
2. The Chief Educational Officer,
Tallakulam, Madurai-2.
3. The Inspector of Police (Law & Order),
Keerai Thurai, Madurai-1.
https://www.mhc.tn.gov.in/judis
WA(MD)No.1432 of 2011
J. NISHA BANU,J.
and
N. ANAND VENKATESH,J.
sm
W.A.(MD)No.1432 of 2011
21.09.2022
https://www.mhc.tn.gov.in/judis
