MADURAI THERKUVASSAL NADAR VIDYASALAI MANAGING BOARD THROUGH ITS PRESIDENT K S NARAYANASWAMY Vs. MADURAI THERKUVASAL NADAR VIDYABHIRITHI SANGAM URAVINMURAI THROUGH ITS PRESIDENT P VELUCHAMY NADAR

JUDGEMENT

(1.) THESE two revisions are filed by Madurai Therkuvasal Nadar Vidyasalai Managing Board and three others (hereinafter referred to as petitioners for the sake of convenience). The contesting respondents are Madurai Therkuvasal Nadar Vidyabhavathi Sangam Uravinmurai (hereinafter referred to as respondents for convenience). It is not necessary to refer to the other persons in the cause title.

(2.) THE respondents filed O.S. 753/88 on the file of the Principal Sub Court, Madurai for a declaration that the plaintiffs Sangam is the Supreme body having power to manage the affairs of the Nadars of THErkuvasal area and to nominate members to the Madurai THErkuvasal Nadar Vidyasalai Managing Board and to manage all the properties inclusive of the Nadar Vidyasalai School and for a declaration that the resolution passed by defendants 1 to 4 on 5.1.1988 was without jurisdiction, null and void and not binding on the plaintiffs Sangam. As consequential declaration, the plaintiffs prayed for a permanent injunction restraining the deendants from, in any way, changing the 23 members nominated and approved on 30.6.88 or removing or adding members to the Madurai THErkuvasal Nadar Vidyasalai Managing Board and the Nadar Vidyasalai School Committee or forming any way new body under any name whatsoever or in any way acting independently against the interest of the School Committee represented by defendants 6 and 7 and the first plaintiffs' Sangam. Pending the suit, the plaintiffs prayed for an injunction restraining the defendants from making any unauthorised resolutions or functioning, in any way, independently without the concurrence of the plaintiffs Sangam and either to nominate or to delete any members to the Madurai THErkuvasal Nadar Vidyasalai Managing Board or to the School Committee or to form new Sangam under any name and style whatsoever or in any way, acting against the interest of the petitioners Sangam (Uravinmurai) and the School Committee. THE Principal Sub Judge granted an injunction in favour of the plaintiffs in I.A. 571 of 1988 on 4.5.1990 as prayed for by them.

(3.) IT is seen from Ex. B.1 that by-laws 3-A and 3-B have been amended and 3-C, 3-D and 3-E were deleted. Similar consequential amendments are made by deleting some other by-laws and amending some other by-laws. IT is not necessary to go into the details of them. IT is clear from the amended by-laws that the respondents Society is no longer having any control over the petitioners Society with regard to either election of members or even its in functioning. Of course, the respondents are questioning the validity of the amendment of the by-laws. According to the respondents, it is only the parent body which by election of members from its own general body contribute to the very existence of the petitioners body and the latter cannot act independently to have the by-laws amended. Whatever it may be, such contentions can be gone into only at the time of final disposal of the suit. The various questions raised by the respondents have to be decided only in the suit.