RAMANATHAPURAM Vs. PANDIAN GRAMA BANK

JUDGEMENT

(1.) This Appeal is directed against the order made in W.P.(MD) No.10581 of 2010 whereby the learned single Judge declined to quash the impugned letter of the 1st Respondent Bank dated 22.07.2010 and declining to permit the Appellant to operate the Savings Bank Account Nos.4473 and 4389.

(2.) Brief facts which led to filing of Writ Petition are that the Haghdars of Kuthbu Sulthan Syed Ibrahim Shaheeth Oliyulklah Dargha, popularly called Erwadi Dargha situated at Erwadi in Ramanathapuram District. The management and administration of the Dargha is governed by a scheme decree passed by the Sub-Court, Ramanathapuram in O.S.No.236 of 1978. As per the scheme decree, the Dargha shall be administered by the Executive Council called "Haghdars Executive Council" consisting of 21 Haghdars and that the Haghdars shall be elected in proposal of the respective shares. Seven members from each of the respective three descendants of male heirs in the male line, aggregating to 21 members shall be elected to the Executive Council and the said Executive Council shall be in office for a period of three years from the date of assumption of charge as member in the Executive Council.

(3.) Appellant Dargha Haghdars Executive council assumed charges on 09.09.2007. As per the version of Respondents 3 and 4, they have assumed charges on 17.06.2007 and in any event the term of the Committee expired in September 2010. One of the Haghdar of the Dargha filed suit against the Executive Committee of the Dargha in O.S.No.55 of 2010 on the file of the Sub-Court, Ramanathapuram to declare that the Defendants 3 to 17 thereon are not entitled either to contest or vote in the election and not to conduct the election for the Dargha till the Interlocutory Application in I.A.No.137 of 2005 filed for modification of the scheme in O.S.No.236 of 1978 is finally disposed of. In the said suit, Noor Amin filed Interlocutory Application seeking interim injunction against the Management Committee of Dargha not to hold the election till I.A.No.137 of 2005 for modification of the scheme in O.S.No.236 of 1978 is finally disposed of. In the said suit, Appellant Committee is said to have filed Memo stating that they will not hold the election till the application for modification of the scheme in O.S.No.236 of 1978 is finally disposed of.