(Common Prayer : Sub Applications filed under Section 151 of the Code of Civil Procedure, 1908 seeking to extend the period stipulated in the order dated 24.11.2025 in Cont.P.(MD) Nos.2638 & 2639 of 2025 to a further period of 21 days from the end of the six months period, so as to enable the due filing of Form VI and Form VII after the conclusion of the Annual General Body Meeting scheduled on 19.07.2026 in due compliance of the orders of this Court.)
Common Order
1. By this common order, both these Sub Applications are being disposed of.
2. These Sub Applications have been filed by the petitioner in his capacity as Secretary of Mallanginar Nadar Mahajana Kilai Sangathkkup Pathiyamana M.S.P.Senthilkumara Nadar Uyarnilaippalli Paribalana Sabai (hereinafter referred to as 'Sabai'), seeking to extend the period stipulated in the order dated 24.11.2025 in Cont.P.(MD) Nos.2638 & 2639 of 2025 by a further period of 21 days from the expiry of the sixmonth period, so as to enable the due filing of Forms VI and VII after the conclusion of the Annual General Body Meeting scheduled on 19.07.2026, in due compliance with the orders of this Court.
3. The petitioner herein filed W.P.(MD) No.17316 of 2025, while the second respondent herein/second contemnor filed W.P.(MD) No. 16898 of 2025, seeking the following relief:-
| W.P.(MD) No.17316 of 2025 | W.P.(MD) No.16898 of 2025 |
| For issuance of Writ of Certiorarified Mandamus to call for the records of the impugned proceedings in Na.Ka.No. 179/E1/2025, dated 28.05.2025 on the file of the first respondent [District Registrar] and to quash the same as arbitrary, illegal and without jurisdiction, and consequentially direct the first respondent [District Registrar] to take the Form VII filed by the petitioner on file. | For issuance of Writ of Certiorarified Mandamus to call records pertaining to second respondent [Registrar of Societies, Registration Department, Virudhunagar] Na.Ka.Letter No. 179/E1/2025 in which the form 7 containing Adhoc Administrative Committee members list was returned and quash it as illegal and consequently, direct the second respondent [Registrar of Societies, Registration Department, Virudhunagar] to permit Adhoc Administrative committee members nominated the petitioner as patron to administer the school till the Election to the administrative committee is held after revising the Election Voter. |
“13. As per Section 53 of the Tamil Nadu Societies Registration Act, 1978, only the provisions of the By-laws, which are consistent with the new Act, shall continue in force until altered or rescinded. By implication of the provisions, which are inconsistent with the Societies Registration Act, 1975, cannot continue to be in force.
14. The new Act came into force with effect from 22.04.1978. The By-laws of the society is of the year 1949. It has not been altered and since then, elections have been conducted as per the By-laws, which are strictly not in accordance with the Tamil Nadu Societies Registration Act, 1975. However, Form VII have been accepted in the Act and acted upon and also there were no reported dispute in the management of the society and the school run by the society.
15. The facts that the election process itself was initiated by the outgoing Secretary of the Society and the elections of members from the constituency were held on 08.01.2025, 10.01.2025, 12.01.2025 and 13.01.2025 and thereafter, the election to the Executive Committee members held on 29.01.2025 from the elected 19 members and two others, who are not from the Patrons family. The persons, who is said to have been nominated, is not the nominee of Patrons. Form VII that is filed on behalf of the Patron (petitioner in W.P.(MD) No.16898/2025) on 29.04.2025 is purportedly an Ad hoc body of the executive members purportedly in the exercise of the power conferred in By-law No.23(a).
16. Whichever way one looks at it, the elections have not been conducted in accordance with the existing By-laws and the provisions of the Tamil Nadu Societies Registration Act, 1975. To the extent, the By-laws inconsistent with the new Act and they are redundant. Therefore, the By-laws will have to be amended.
17. The body, which has been elected on the dates mentioned above, that is on 08.01.2025, 10.01.2025, 12.01.2025 and 13.01.2025, along with the petitioner in W.P.(MD) No.16898 of 2025, that is M.S.P.Senthil Kumar from the Patrons and one person to be nominated by the Patrons, shall administer the society for a period of six months from today. A fresh Form VII shall be filed by the petitioner in W.P.(MD) No.17316 of 2025 incorporating name of M.S.P.Senthil Kumar and nominating person, within one week from the date of receipt of a copy of this order. The body shall act as Adhoc Committee.
18. This body shall be responsible for taking steps to amend the By-laws within a period of six (6) months from today. Thereafter, a proper electoral Rule shall be prepared and fresh election shall be held strictly in accordance with amended By-laws in consistent with the provisions of the Tamil Nadu Societies Registration Act, 1975.
19. In case, there is a failure on the part of the respective petitioners, the amendment of the By-laws and to bring all the members in the electoral list as per By-laws amending, representing the members of Nadar Community from the five constituencies both from male and female and neutral gender, it will be open for the District Educational Officer/second respondent in W.P.(MD) No.17316 of 2025 to take over the management of the association in accordance with the provisions of the Tamil Nadu Societies Registration Act, 1975 as well as school in accordance with the provisions of Tamil Nadu Private Schools (Regulation) Act, 2018 and the Rules made under for direct payment.
20. It is made clear that pending exercise, Ad hoc Committee, which stands regularised, shall file Form VII as stipulated above and the Ad hoc body shall be responsible for receiving the payment and administer the school for a period of six (6) months from today.
21. These Writ Petitions are disposed of, with the above observations. No costs. Consequently, connected miscellaneous petitions are closed.”
5. The above order was the subject matter of challenge before the Division Bench of this Court in W.A.(MD) Nos.2168 & 2169 of 2025, filed by the second respondent/second contemnor herein in his capacity as the Patron of the Sabai. The said Writ Appeals were dismissed by the Division Bench of this Court by an order dated 06.08.2025, with the following observations:-
“2. ....
Aggrieved by the said order, Thiru.M.S.P.Senthil Kumar has filed this writ appeal. Even though he had styled himself originally as patron of the society and filed WP(MD)No.16898 of 2025 in that capacity, the present writ appeal has been filed by the society represented by Mr.M.S.P.Senthil Kumar.
3.We are prima facie of the view that the cause title has to be revised. The learned single Judge had given a categorical finding that the by-laws which were originally formulated in the year 1949 will have to be amended and brought in line with the new Act. We independently considered the by-laws and we are fully satisfied that the view taken by the learned Single Judge is right. These Writ Appeals stand dismissed. No costs. Consequently, connected miscellaneous petition is closed.”
6. In this background, the petitioner had filed the above-mentioned two Contempt Petitions in Cont.P.(MD) Nos.2638 & 2639 of 2025 against the respondents/contemnors. The said Contempt Petitions were closed by an order dated 24.11.2025, with the following observations:-
“Though the second respondent is guilty of the contempt, taking into account of his age, this Court is not proceeding to punish him. However, it is seen that he has not proceeded to comply with para No.17 of this Court order, on the contrary, the petitioner in W.P(MD).No.17316 of 2025, who is the contempt petitioner before this Court, has forwarded Form VII, which includes the name of the petitioner in W.P(MD).No.16898 of 2025, to the first respondent. The first respondent shall pass order on the Form VII that has been submitted by the petitioner in W.P(MD).No.17316 of 2025 within a period of two weeks from today (i.e., on 24.11.2025). The members, who have been shown in Form VII, shall thereafter take steps to amend the By-laws from the date of approval of Form VII which is now submitted by the petitioner in W.P(MD).No.17316 of 2025 and the election shall be held within six months therefrom.
2. In view of the above observation, these Contempt Petitions are closed. ”
7. Meanwhile, the petitioner, along with one Selvaraj, filed a Writ Miscellaneous Petition in W.M.P.(MD) No.17839 of 2025 in Rev.Aplw. (MD) SR.No.70052 of 2025, seeking leave of this Court to file the Review Application for reviewing the order of this Court dated 30.06.2025 in W.P.(MD) No.16898 of 2025. By an order dated 12.12.2025, this Court dismissed the said Miscellaneous Petition on the ground that there was no scope for granting leave to review the same.
8. Pursuant to the order of this Court dated 24.11.2025 in Cont.P. (MD) Nos.2638 & 2639 of 2025, Form VII was registered on 06.01.2026 before the office of the first respondent/first contemnor, followed by meetings held on 26.01.2026, 05.02.2026, 13.03.2026 and 26.05.2026 by the members of the Sabai for amending the by-laws in terms of the order dated 30.06.2025 disposing of the above Writ Petitions. As per the order dated 24.11.2025 in Cont.P.(MD) Nos.2638 & 2639 of 2025, the elections were to be conducted within a period of six months from the date of registration of Form VII, i.e., by 05.07.2026. The petitioner has stated tha as per the by-laws, the result of the election can be declared only in the Annual General Body Meeting, which falls on 19.07.2026 and therefore, an extension of time is sought for in these Sub Applications.
9. The case itself was heard on 20.07.2026 after the due date, which fell on 19.07.2026. Considering the same, the time for filing Forms VI and VII after the conclusion of the Annual General Body Meeting, which was scheduled to be held on 19.07.2026, is extended.
10. In case the Annual General Body Meeting was held on 19.07.2026, as already scheduled, Forms VI and VII shall be filed within a period of 15 days from the date of receipt of a copy of this order.
11. If Forms VI and VII are filed within the aforesaid period, the first respondent/first contemnor, the District Registrar, shall take the same on record for the purpose of due compliance with the provisions of the Societies Registration Act, 1860 and the Rules made thereunder.
12. In case the Annual General Body Meeting was not held on that day, i.e., 19.07.2026, the Annual General Body Meeting shall be conducted strictly in accordance with the amended by-laws.
13. With the above observations, these Sub Applications are disposed of.