STATE OF TAMIL NADU, REP BY IT SECRETARY TO GOVERNMENT Vs. CHIKKAIAH NAICKER COLLEGE MANAGING BOARD, REP BY ITS COMMITTEE MEMBER, J SARDHA @ BABY

JUDGEMENT

(1.) The attempt made by a person in 2012 claiming herself to be the Committee Member of Chikkaiah Naicker College Managing Board, which was declared as a defunct society on 28 December 1994, resulting in passing an order by the Registrar of Societies to strike off the name of the society and publication of the same in the Government Gazette on 3 May 1995, for revival of the society and merge it with another society formed by the son of its erstwhile Secretary, thereby, to take over the management of a college, succeeded before the learned single Judge. The State in the appeal has now demonstrated the legal flaw in the order passed by the learned single Judge, overlooking the provisions of the Tamil Nadu Societies Registration Act. The order passed by the learned Single Judge if allowed to stand would have the effect of reviving the society declared as a defunct society way back on 3 May 1995 and transferring all its assets, including a college and 50 acres of prime land given by the Government to the society, to a society floated by the son of the alleged member of the defunct society, who earlier filed a Writ Petition challenging the action of Government in appointing a Special Officer to the college.

(2.) The respondent managed to over come the limitation of 45 days prescribed by the Tamil Nadu Societies Registration Act and Rules made thereunder for challenging an order declaring the society and striking off its name, by giving a representation in 2012, and challenging the order declining to grant the relief in a Writ Petition, to achieve the purpose which cannot otherwise be achieved, on account of the period of limitation.

(3.) The issue is covered by the judgment of the Supreme Court in State of Tripura vs. Arabinda Chakraborthy and others, (2014) 5 Scale 335, wherein the Hon'ble Supreme Court held that the law does not permit extension of period of limitation by mere filing of a representation.