PATTABIRAM NADARGAL IYYAKIYA SANGAM&ORS Vs. N.NATESAN NADAR & ORS

Supreme Court of India (Division Bench (DB)- Two Judge)

Appeal (Civil), 285 of 2016, Judgment Date: Jan 18, 2016

                                                              NON-REPORTABLE

                        IN THE SUPREME COURT OF INDIA
                        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.