Dismissed¶30

Kunjungamma George v. The State of Tamil Nadu

Madras HC17 Jul 2025CS/364/2020

Case brief

AI extract

What is this about?

Abatement of civil suit on death of sole plaintiff; legal heirs untraceable; suit dismissed as abated; connected miscellaneous petition A.No.426 of 2021 closed. Underlying claims (not adjudicated): proxy voting ban under by-law 44 of Madras Medical Mission society; letter dated 02.11.2020 Ref. No.5018/M1/2020-1 of the State of Tamil Nadu (Commercial Taxes and Registration (M1) Department); Inspector General of Registration; Tamil Nadu Societies Registration Act, 1975; elections to governing board; Order IV Rule 1 CPC, 1908; Original Side Rules Order IV.

What did the court decide?

Recording the submissions of counsel for the plaintiff that the plaintiff had died and her legal heirs could not be traced, the Court dismissed the suit as abated and closed the connected miscellaneous petition; no substantive issue in the suit was adjudicated.

Kunjungamma George Vs The State of Tamil Nadu — Madras HC (2025) — LawSathi Research

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C.S.No.364 of 2020

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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Dated : 17.07.2025

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CORAM :

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THE HON`BLE MR.JUSTICE K.KUMARESH BABU

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C.S.No.364 of 2020 & A .No.426 of 2021

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Mrs.Kunjungamma George

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... Plaintiff

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vs.

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1.The State of Tamil Nadu, Rep., by its Secretary, Commercial Taxes and Registration (M1) Dept., Secretariat, Fort St., George, Chennai – 600 009.

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2.The Inspector General of Registration, No.100, Santhome High Road, Pattinabakkam, Chennai – 600 028.

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3.The Madras Medical Mission,

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(a Society registered under the Tamil Nadu Societies Registration Act, 1975) Having its registered office at: No.4-A, Dr.J.Jayalalitha Nagar, Mogappair, Chennai – 600 037. ... Defendants

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Prayer : Civil Suit filed under Order IV Rule 1 of CPC, 1908 Read with Order IV of the Original Side Rules to pray for judgment and decree against the defendants as follows:-

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https://www.mhc.tn.gov.in/judis

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C.S.No.364 of 2020

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a) declare that by-law 44 of the third defendant society insofar as it bars members of the society from casting their vote through proxy and the letter dated 02.11.2020 in reference letter No.5018/M1/2020-1 issued by the 1^st defendant are illegal, null and void as the same are contrary to the provisions of the Tamil Nadu Societies Registration Act, 1975;

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b) mandatory injunction directing the third defendant society to henceforth conduct all elections for selection of members to the governing board of the society by allowing the members of the society to cast their vote either in person or through proxy.

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c)for the costs of the suit.

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d) for such further or other reliefs as this Court may deem fit and proper under the circumstances of the case.

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For Plaintiff : Mr.Prakash Goklaney

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For defendants : Mr.C.P.Sivan Mohan

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When the matter is taken up for hearing today, the learned counsel for

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https://www.mhc.tn.gov.in/judis

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C.S.No.364 of 2020

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the plaintiff would submit that the plaintiff is no more and further submitted that he is unable to trace the legal heirs of the deceased plaintiff and requested

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this Court to dismiss the suit as abated.

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2.Recording the said submissions made by the learned counsel for the plaintiff, the Suit is dismissed as abated. Consequently, connected miscellaneous petition is also closed.

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17.07.2025

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Index : Yes / No Internet :Yes / No Gba

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https://www.mhc.tn.gov.in/judis

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C.S.No.364 of 2020

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K.KUMARESH BABU.J.,