M KRISHNAMOORTHY Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner claiming that he is a member of the 4th respondent society, which was registered under the provisions of the Tamil Nadu Societies Registration Act. 1975, has filed the above writ petition seeking to quash the notice issued by the 1st respondent dated 6.11.1998 and to direct the 1st respondent for the appointment of a Retired High Court Judge as the custodian to take control of the funds and assets of the Society intended for the benefit of the members and to distribute the same either in the shape of funds or property or both to the members of the Society who prove their i entitlement.

(2.) THE 4th respondent society was founded on 15.1.1984 and was registered as a society under the said Act. THE society admitted the members and implemented certain Schemes as members beneficial scheme. If a person wants to become a member after 1.4.1998 he has to pay the amounts as follows :- " Each member is to contribute Rs. 12,500/-; If he makes a one time payment, he can pay Rs. 11, 500/- and become a member; If he desires to become a member by paying the aforesaid amount in monthly instalment, he may do so by paying Rs. 250/-per month for 50 months. THE aforesaid monthly amount of Rs. 250/- is apportioned as follows:- Contribution towards Share Capital for the purchase of immovable property Rs. 6/-Contribution towards general fund for investment in property for the benefit of the members Rs. 200/- Contribution towards marriage and education fund for the members Rs. 2/- Contribution towards publication of "Kannimai" Sabha's journal. Rs. 6/-Contribution towards death fund for the benefit of the members Rs. 6/-Total Rs. 250/- A sum of Rs. 10/- out of Rs. 32/- paid in the first month is adjusted towards entrance fee to the society"

(3.) THE respondents have denied the fact that the members of the Society are entitled to claim any funds or properties, as Section 42 of the said Act prohibits the distribution of properties of the Society among its members. So, the question of appointing custodian as requested for the purpose of distributing the same to its members would not arise.