D SOUNDRAJA NADAR Vs. THAKSHINAMARA NADAR SANGAM

JUDGEMENT

(1.) This civil revision petition is filed against the petition and order dated 25.8.2009 made in I.A. No. 303 of 2009 in O.S. No. 105 of 2008 by the learned Subordinate Judge, Tirunelveli.

(2.) The undisputed facts are that the Thakshinamara Nadar Sangam, Tirunelveli (herein after referred to as the Sangam) is a registered Society under the Tamil Nadu Societies Registration Act, consisting of 50,000 members and the administration of the Sangam is as per the scheme decree framed in O.S. No. 13 of 1942. A suit in O.S. No. 105 of 2008 had been filed by the Sangam through its Secretary before the learned Subordinate Judge, Tirunelveli, seeking for declaration of the resolution said to have been passed in the General Body Meeting dated 30.5.2008 and the consequential claim of the defendants 1 to 10 therein appointing themselves as temporary Administrative Committee and Election Officers as null and void and also for permanent injunction restraining the defendants from interfering with the affairs of the Sangam including the conduct of the election.

(3.) Earlier when about 320 members represented by one P. Piramakumar claimed to have convened a General Body Meeting on 29.5.2008, one A. Sargunapandian and P. Suyambulingam, representing a group of members of the Sangam, challenged the order of the learned Sub Judge, Madurai made in I. A. No. 80 of 2008 in an unnumbered suit adjourning the application to 3.6.2008 in C.R.P. No. 920 of 2008 before this Court and this Court went into the matter and by order dated 28.5.2008 granted an order of interim injunction restraining the group of persons represented by P. Piramakumar from conducting the General Body Meeting on 29.5.2008. In the said order this Court has observed thus: