PATTABIRAM NADARGAL IYYAKIYA SANGAM and ORS Vs. N.NATESAN NADAR and ORS
Appeal: CIVIL APPEAL NO. 285 OF 2016
Petitioner: PATTABIRAM NADARGAL IYYAKIYA SANGAM and ORS
Respondent: N.NATESAN NADAR and ORS
Judges: KURIAN JOSEPH , ROHINTON FALI NARIMAN
Date of Judgment: Jan 18, 2016
JUDGEMENT:
NON- CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 285 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 16102 OF 2011]
PATTABIRAM NADARGAL IYYAKIYA SANGAM & ORS Appellant(s)
VERSUS
N.NATESAN NADAR & ORS Respondent(s)
J U D G M E N T
KURIAN, J. 1. Leave granted. 2. The appellants’ main apprehension appears to be that on account of injunction granted by the Additional District & Sessions Judge, Fast Track Court No. III, Poonamallee, Tamil Nadu in the Judgment and decree dated 29.02.2008 that they may not be in a position to participate in the affairs of the society including the elections thereof of the Pattabiram Nadargal Iyyakiya Sangam. 3. Having heard the learned counsel appearing for the other side also, we do not find any justification for the apprehension. The Trial Court only dealt with the situation prevailing as in the years 2005 to 2008. That period is over. 4. It is informed that fresh elections to the Society have not been conducted so far. The Registrar of the Society is Respondent No. 6 before this Court. 5. We direct the Registrar of the Society to conduct fresh elections to the Society referred to above, in case the registration is renewed, within a period of six months from today. 6. In case, steps are taken for renewing the registration of the Sangam within two months from today, the needful, in accordance with law, shall be done in that regard within another one month thereafter. 7. The civil appeal is disposed of as above with no order as to costs.
…………………..J. [ KURIAN JOSEPH ]
…………………..J. [ ROHINTON FALI NARIMAN ]
New Delhi; January 18, 2016.
CIVIL APPEAL NO. 285 OF 2016 [@ SPECIAL LEAVE PETITION (C) NO. 16102 OF 2011]
PATTABIRAM NADARGAL IYYAKIYA SANGAM & ORS Appellant(s)
VERSUS
N.NATESAN NADAR & ORS Respondent(s)
J U D G M E N T
KURIAN, J. 1. Leave granted. 2. The appellants’ main apprehension appears to be that on account of injunction granted by the Additional District & Sessions Judge, Fast Track Court No. III, Poonamallee, Tamil Nadu in the Judgment and decree dated 29.02.2008 that they may not be in a position to participate in the affairs of the society including the elections thereof of the Pattabiram Nadargal Iyyakiya Sangam. 3. Having heard the learned counsel appearing for the other side also, we do not find any justification for the apprehension. The Trial Court only dealt with the situation prevailing as in the years 2005 to 2008. That period is over. 4. It is informed that fresh elections to the Society have not been conducted so far. The Registrar of the Society is Respondent No. 6 before this Court. 5. We direct the Registrar of the Society to conduct fresh elections to the Society referred to above, in case the registration is renewed, within a period of six months from today. 6. In case, steps are taken for renewing the registration of the Sangam within two months from today, the needful, in accordance with law, shall be done in that regard within another one month thereafter. 7. The civil appeal is disposed of as above with no order as to costs.
…………………..J. [ KURIAN JOSEPH ]
…………………..J. [ ROHINTON FALI NARIMAN ]
New Delhi; January 18, 2016.