Madras High Court
P.S.Kaniraj vs S.Dhanaraj Nadar on 13 June, 2023
Author: C.Saravanan
Bench: C.Saravanan
Tr CMP (MD) No.276 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 13.06.2023
CORAM:
THE HONOURABLE MR.JUSTICE C.SARAVANAN
Tr.C.M.P.(MD) No.276 of 2023
and
C.M.P.(MD)Nos.6308, 6309 and 6788 of 2023
P.S.Kaniraj ... Petitioner/15th Defendant
-vs-
1.S.Dhanaraj Nadar
2.Pon Murugaanandham
3.David Daniel
4.Sivabalan
5.Arumuga Nainar
6.Ravi Abraham
7.Jeyakodi
8.Radhakrishnan
9.Tamilselvan
10.Dakshinamara Nadar Sangam, Tirunelveli
Registered Society bearing Reg. No.6 of 1948,
Through its Secretary,
70/410, Salai Street, Sindhupundhurai,
Tirunelveli Junction -627001.
11.R.K.Kalidasan
12.T.Murugesapandian
13.R.Shanmugavel
14.V.S.T.J.Rathinaraj
15.A.Selvaraj
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Tr CMP (MD) No.276 of 2023
16.V.S.Ganesan
17.V.Thangavelu
18.S.T.Muruganadham
19.D.Soundararaj
20.V.S.T.B.Ramar
21.N.Rathinaselvan
22.S.D.K.Rajan
23.R.Thangavel
24.V.Radhakrishnan
25.A.G.Sudhakar Kannan
26.P.S.R.S.Raja Sivanandham
27.S.R.Manoharapandian
28.K.Kasi Viswanathan
29.V.N.Anandha Lingam Marthandam
30.S.Selvam
31.S.R.Vaidhyalingam
32.S.P.Tamil Selvan
33.Karungal R.George
34.S.Anbulingam
35.K.Paulraj
36.D.Radhakrishnan
37.M.Vijay Anand
38.R.Brahmanand
39.S.Anandaraja
40.C.Bhoomi Alandha Perumal
41.A.Asokan
42.Kanmani T.Gunasekaran
43.S.Ramar
44.S.Kamaraj
45.D.Edwin Devadasan
46.P.Brahma Kumar
47.N.Rajendran
48.Bhoopalam @ K.B.Balan
49.S.Nithya Baliah
50.C.Duraisingh Abraham
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Tr CMP (MD) No.276 of 2023
51.R.Ilango
52.M.Ramesh Kumar @ Muthu Ramesh
53.T.Veerakumar
54.N.T.Sivasubramanian
55.A.Kamalam Pandian
56.P.Thavasiraj
57.District Registrar (Societies Management), Thirunelveli
Combined Registration Department Complex,
St.Mark Street, South of Johns High School,
Palayamkottai – 627 002.
58.Chief Education Officer,
Thirunelveli District,
Collector Office Campus, Kokkirakulam,
Thirunelveli – 627009.
59.S.K.Krishnan, Retired Justice,
V.G.P.Nagar, Mogappair West,
Mogappair, Chennai -600 037.
60.State of Tamil Nadu,
Rep. By District Collector,
Tirunelveli District,
District Collectorate Campus, Kokkirakulam,
Tirunelveli – 627009.
... Respondents 10 to 60/Defendants 1 to 14 & 16 to 52
PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of the
Code of Civil Procedure, to withdraw the suit in O.S.No.342 of 2021 pending on
the file of the 1st Additional Sub Court, Tirunelveli and transfer the same to the
file of the Principal Sub Court, Tirunelveli for having joint trial along with
O.S.No.205 of 2022 pending on its file.
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Tr CMP (MD) No.276 of 2023
For Petitioner : Mr.M.Karthikeyavenkatachalapathy
nd
For 2 Respondent : Mr.G.Aravindhan
For 3rd Respondent : Mr.Anbarasi Dhanaseelan
For Respondents 10 to 13: Mr.J.Kinsgly Solomon
ORDER
The present Transfer Civil Miscellaneous Petition is filed to withdraw the suit in O.S.No.342 of 2021 pending on the file of the 1 st Additional Sub Court, Tirunelveli and to transfer the same to the file of the Principal Sub Court, Tirunelveli for having joint trial along with O.S.No.205 of 2022 pending on its file.
2.The suit has been instituted by the respondents 1 to 9 herein. It is informed by the learned counsel, who are present today to represent the respondents, who have served notice in this petition. Among nine plaintiffs, most of the plaintiffs have been transposed as the defendants in O.S.No.342 of 2021. O.S.No.342 of 2021 has been filed to declare the election held on 31.08.2021 for the 10th respondent Sangam as null and void. A parallel proceedings has been initiated by one Kamaraja Nadar in O.S.No.205 of 2022 pending before the Principal Sub Court, Tirunelveli wherein special general body meeting held on 4/8 https://www.mhc.tn.gov.in/judis Tr CMP (MD) No.276 of 2023 04.08.2022, which has been put to challenge.
3.The learned counsel for the respondents 10 and 13 herein, who are the contesting defendants in O.S.No.342 of 2021 and also in O.S.No.205 of 2022 pending on the file of the Princpal Sub Court, Tirunelveli submits that they have no objection.
4.The learned counsel for the second respondent, who appears to be sole plaintiff now after transposing all plaintiffs as defendants in O.S.No.342 of 2021 submits that the second respondent herein is not a party to O.S.No.205 of 2022. He submits that both the suits are in different stage and therefore, joint trial will cause delay in O.S.No.205 of 2022. He also submits that although O.S.No.205 of 2022 pertains to the affairs of 10th respondent Sangam herein, the reliefs are different. It is noticed that the 10th respondent herein had earlier filed W.P. (MD)No.15333 of 2021, challenging the order dated 28.06.2022, wherein the District Registrar refused to receive Form 7. The writ petition was dismissed by the learned Single Judge of this Court, by an order dated 28.10.2022. 5/8 https://www.mhc.tn.gov.in/judis Tr CMP (MD) No.276 of 2023
5.Aggrieved by the same, the 10th respondent herein filed W.A.(MD)No. 1448 of 2022, which came to be disposed of by a final order dated 07.02.2023, with the following direction:-
“In view of the above said facts, we are inclined to pass the following orders:
(i)The petitioner Sangam and the rival group are entitled to raise all their pleas before the Civil Court in O.S.No.342 of 2021 and O.S.No.205 of 2022 pending on the file of the Subordinate Court, Tirunelveli.
(ii)The Subordinate Judge, Tirunelveli is directed to dispose of the said suits on merits and in accordance with law as expeditiously as possible not later than 31.07.2023, without being influenced by any one of the observations made by the District Registrar in his order dated 28.06.2022 or by this Court.”
6.The Hon'ble Division Bench has stated that both the suits are pending before the Sub Court, Tirunelveli. The tenure of the order is both the suits should be disposed of on merits and in accordance of law as expeditiously as possible not later than 31.07.2023. The SLP filed by one T.Rajakumar in SLP (Civil).Diary No.20507 of 2023 with a delay. The Hon'ble Supreme Court condoned the delay 6/8 https://www.mhc.tn.gov.in/judis Tr CMP (MD) No.276 of 2023 and at the same time, dismissed the appeal. Hence, the order of the Hon'ble Division Bench dated 27.02.2023 in W.A.(MD)No.1448 of 2012 has attained finality.
7.Considering the above, this Court is inclined to allow transfer O.S.No. 342 of 2021 on the file of the I Additional Sub Court, Tirunelveli to the file of the Principal Sub Court, Tirunelveli for simultaneous disposal along with O.S.No.205 of 2022. This exercise shall be considered by the Court separately in accordance with tone and tenure of the order passed by the Hon'ble Division Bench in W.A. (MD)No.1448 of 2022 dated 07.02.2023.
8.This Transfer Civil Miscellaneous Petition stands allowed with the above observation. No costs. Consequently connected miscellaneous petitions are closed.
13.06.2023
NCC : Yes / No
Internet : Yes / No
Index : Yes / No
Mrn
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Tr CMP (MD) No.276 of 2023
C.SARAVANAN, J.
Mrn
To:
1.The Principal Sub Judge,
Tirunelveli.
2.The I Additional Sub Judge,
Tirunelveli.
Order made in
Tr.C.M.P.(MD) No.276 of 2023
Dated:
13.06.2023
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