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Kalpothu Muthalipatti Nadar ... vs Kalpothu Muthalipatti Nadar ...

Madras High Court|08 September, 2017

JUDGMENT / ORDER

[Judgment of the Court was delivered by M.M.SUNDRESH, J.] The writ appeal is directed against the order of the learned single Judge, after noting the similarity in the names of the appellant and the first respondent was pleased to allow the writ petition as prayed for.
2. On facts, it is clear that both the appellant and the first respondent are running the Society under the same name. It is not in dispute that the registration of the first respondent/writ petitioner is prior in point of time.
3. In such view of the matter, on construction of Section 9 of the Tamil Nadu Societies Registration Act, 1975, the learned single Judge rightly allowed the writ petition as prayed for. Thus, we do not find any merit in this Writ Appeal.
4. The learned counsel for the appellant would submit that Section 11 provides for change the name of registration society. Therefore, appropriate direction may be given to the Registrar of Societies, Virudhunager.
5. Considering the said submission, liberty is given to the appellant to make an application seeking to exercise Section 11 of the Tamil Nadu Societies Registration Act, 1975, by the Registrar of Societies, Virudhunager. As and when such application is filed, the said authority shall pass appropriate orders on merits, within a period of eight weeks from the date of receipt of a copy of this order.
6. With the above observation, this writ appeal is disposed of. No costs. Consequently, the connected Miscellaneous Petition is closed.
To
1.The Registrar of Societies, Madurai South, Madurai.
2.The Registrar of Societies, Virudhunagar.
.
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Title

Kalpothu Muthalipatti Nadar ... vs Kalpothu Muthalipatti Nadar ...

Court

Madras High Court

JudgmentDate
08 September, 2017