IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 24/02/2005 CORAM THE HON'BLE MR.MARKANDEY KATJU, THE CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.MURUGESAN W.A.No.4201 of 2004 and W.A.No.4209 of 2004 Navaladian Small Farmers Lift Irrigation Society A Society regd. Under Tamil Nadu Societies Registration Act bearing No.33/94 having office at 23-A, Kulalar Street Valayapatti Road, Mohanur Appellant in Namakkal rep. by its Secretary .. W.A.No.4201 of 2004 S.P.Kandasamy .. Appellant in W.A.No.4209 of 2004 -Vs- 01. K.Thangavel 02. R.Sivagnanam 03. K.Ramasamy 04. Nallusamy 05. S.R.Periasamy 06. P.Ganesan 07. C.M.Krishnamoorthy 08. R.Navaladi 09. P.Subramaniam 10. S.Thangavel 11. G.Selvaraj 12. N.Viyapuri 13. S.Pandian 14. N.Muthusamy 15. S.Panneerselvam 16. S.Chinna Gounder 17. M.Ramasamy 18. M.Velusamy (Sarkarai) 19. V.Ravi 20. G.Thangaraj 21. P.K.Mani 22. K.Periasamy 23. K.Ramasamy 24. P.Kumarasamy 25. P.Kolanda Gounder 26. C.M.Palanisamy 27. P.Thangavel 28. K.Arivazhagan 29. A.Marimuthu 30. A.Subramaniam 31. A.Kuppusamy 32. A.Arumugam 33. P.Ponnusamy 34. N.Ramasamy 35. K.Kaliannan 36. K.Kandasamy Gounder 37. S.Ramasamy 38. M.Kandasamy (Manal) 39. P.Kandasamy 40. K.Ramasamy 41. S.Kandasamy .. Respondents 1 to 41 in both the W.As. S.P.Kandasamy .. 42nd respondent in W.A.No.4201 of 2004 Navaladian Small Farmers Lift Irrigation Society A Society regd. Under Tamil Nadu Societies Registration Act bearing No.33/94 having office at 23-A, Kulalar Street Valayapatti Road, Mohanur 42nd respondent in Namakkal rep. by its Secretary .. W.A.No.4209 of 2004 43. S.P.K.Seerangan 44. N.Sellappan 45. K.Kandasamy 46. N.Chinnasamy 47. K.Sellappan (RR 42 to 47 given up in both appeals) 48. The District Registrar Administration cum Election Officer Namakkal .. 48th respondent in both the W.As. Writ Appeals filed under Clause 15 of the Letters Patent, against the order dated 23.12.2004 made in W.P.No.18035 of 2003. !For Appellants :: Mr.A.L.Somayaji Addl. Advocate General for Mr.S.Saravanan and Mr.M.M.Sundresh ^For Respondents :: Mr.K.Yamunan for RR 1 to 8, 10 to 26, 28 to 32 & 35 to 41 RR 42 to 47 - given up Mr.V.Raghupathi Govt. Pleader for R48 :JUDGMENT (Judgment of the Court was delivered by The Hon'ble The Chief Justice) These writ appeals have been filed against the judgment of the learned single Judge dated 23.12.2004. 2. We have heard the learned counsel for the parties and perused the records. It appears that an election was held to the Executive Committee of the Navaladian Small Farmers Lift Irrigation Society, a Society registered under the Tamil Nadu Societies Registration Act on 29.5.2003. That election was challenged by filing the writ petition, out of which these writ appeals arise. 3. We have held in "S.Thamil Arasan, President of Chennai Vyasarpadi Nadar Progressive Association, Chennai Vs. R.Narayanan & another (20 05 (1) CTC 399)", that where a challenge is sought to be made to the validity of an election of a society, that challenge can only be by means of a civil suit. Hence, the writ petitioners have an alternative remedy of filing a civil suit, and writ jurisdiction was not the proper remedy. 4. For the reasons given above, the impugned judgment is set aside with liberty to the writ petitioners to file a civil suit challenging the election. If such a suit is filed, the same will be decided very expeditiously after hearing the parties concerned in accordance with law. The writ appeals are allowed. Consequently, W.A.M.P.Nos.7966, 7980 of 2004 & W.A.M.P.No.122 of 2005 are closed. No costs. Index: yes Internet: yes ss To 1. The District Registrar Administration cum Election Officer Namakkal 