M. BALASUBRAMANIAN Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) There are clubs and associations whose membership is by invitation only. There is a story that when the legendry actor Shri.Sivaji Ganesan sought membership in Gymkhana Club, it was politely refused. Such clubs are colonial legacies. One cannot enter their premises wearing chappals. They practised sartorial untouchability. Justice D.Hari Paranthaman, then a sitting Judge of the Madras High Court, Shri.R.Gandhi, Senior Counsel and myself were asked to leave the premises of Madras Cricket Club when we had gone to attend the book release function of Justice T.S.Arunachalam. The reason was that we were wearing dhoties. This incident led to the passing of Tamil Nadu Entry into Public Places (Removal of Restriction on Dress) Act, 2014.

(2.) There are associations and organizations which are not exclusive but whose membership is open to everyone who fulfil the eligibility criteria set out in their by-laws. One can apply and subject to fulfilment of the procedural norms become member. If one is unlawfully denied membership, he or she can even seek civil remedy.

(3.) A water user association is neither like Gymkhana club or like the other associations registered under the Tamil Nadu Societies Registration Act, 1975. It is having a statutory character. In order to ensure equitable distribution of water for irrigation and to reform the irrigation sector for sustainable management and development through decentralization, the Tamil Nadu Act 7 of 2001 (The Tamil Nadu Farmers' Management of Irrigation Systems Act, 2000) was promulgated. The Act contains 50 Ss. spread over 7 chapters. The definitional provision is contained in Sec. 2. Sec. 2(b), (I), (q), (y) and some of the material provisions read as follows :