Citation : 2021 Latest Caselaw 8864 Mad
Judgement Date : 31 March, 2021
C.S.No.165 of 2019
and O.A.No.207 of 2019 and
A.Nos.1684 of 2019 and 2252 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 31.03.2021
CORAM
THE HON`BLE MR.JUSTICE R.PONGIAPPAN
C.S.No.165 of 2019
and O.A.No.207 of 2019 and
A.Nos.1684 of 2019 and 2252 of 2020
1. R.Radhakrishnan
Proprietor,
M/s.Maruthi Films,
No.325, Abusali Street,
Saligramam, Chennai – 600 093.
2. R.Vadivelu,
Proprietor,
'R.V.Creations',
Plot No.14, 3rd Floor,
Radha Avenue Main Road,
Sri Devi Kuppam, Valsaravakkam,
Chennai – 600 087.
3. AL.Alagappan,
Proprietor,
M/s.Kalaignar Kalaikoodam,
No.14/18, Balaji Avenue, 2nd Street,
Thirumalai Pillai Road,
T.Nagar, Chennai – 600 017.
4. M.A.Subbiah,
Proprietor,
M/s.Sri Gayathri Cine Arts,
39, Navaneetham Street,
Opp. To Arunachalam Studio,
Saligramam, Chennai – 600 093.
1/8
C.S.No.165 of 2019
and O.A.No.207 of 2019 and
A.Nos.1684 of 2019 and 2252 of 2020
5. S.Soundara Pandian,
Proprietor,
M/s. Sree Masani Amman Picture,
4, (Old No.17), Masilamani Street,
T.Nagar, Chennai – 600 017.
6. S.Jothi,
Proprietor,
M/s.Udaya Cini Arts,
No.33/7A, Kaberi Street,
Saligramam, Chennai – 600 093.
7. K.Murugan,
Proprietor,
M/s.Harshini Movies,
No.803, 8th Floor,
Door No.15, Arcot Road,
Saligramam, Chennai – 600 093.
8. S.Murugan,
Proprietor,
M/s.G Mass Creations,
No.5, Parthasarathi Street,
Saligramam,
Chennai – 600 093.
9. P.G.Balaji,
Proprietor,
M/s.R.R.Creators,
No.61, G-2, Sreevari Flats,
Om Sakthi Nagar, Valasaravakkam,
Chennai – 600 087.
10. R.Paneerselvam,
Proprietor,
M/s.Vetrivel Creations,
No.49, Balakrishnapuram,
4th Street, Adambakkam,
Chennai – 600 088.
2/8
C.S.No.165 of 2019
and O.A.No.207 of 2019 and
A.Nos.1684 of 2019 and 2252 of 2020
11. N.Velmurugan,
Proprietor,
M/s.Maria Film Company,
No.20, Sankaralingaranar Street,
MGR Nagar,
Chennai – 600 078.
12. M.Thirumalai,
Proprietor,
M/s.T.Creations,
No.4/46, Ganesh Apartments, A Block,
Tailers Estate, 2nd Street,
Kodambakkam, Chennai – 600 024.
13. S.V.Sekar,
Proprietor,
M/s.Commercial Creations,
No.13A, 5th Cross Street,
Raja Annamalai Puram, Chennai – 600 028.
14. K.Rajan,
Proprietor,
M/s.K.R.P.Production,
Kappal Polu Chetty Street,
Old Washermenpet,
Chennai – 600 021.
15. G.Srinivasan,
Proprietor,
M/s.Sri Cine Creations,
No.108, Duraiyarasan Street,
Saligramam,
Chennai – 600 093.
16. Mohammed Aslaam,
Proprietor,
M/s.Film Box Productions,
No.159, Angappan Street,
Mannadi, Chennai – 600 001.
3/8
C.S.No.165 of 2019
and O.A.No.207 of 2019 and
A.Nos.1684 of 2019 and 2252 of 2020
17. Salai Sagadevan,
Proprietor,
M/s.Vision 21 Creative Team Works,
No.4A, Lagaiah Street,
1st Floor, Saligramam,
Chennai – 600 093.
18. R.H.Ashok,
Proprietor,
M/s.Mother's Grace Media,
New No.3, Old NO.17,
Bharathieswarar Colony,
4th Street, Kodambakkam,
Chennai – 600 026.
19. Babuganesh,
Proprietor,
M/s.Bala Vignesh Creations,
No.1, Janagi Avenue,
4th Street, Abiramapuram,
Chennai – 600 018.
20. V.Natarajan,
Proprietor,
M/s.Nataraja Films,
No.30, Deiva Sigamani Street,
Sanjai Gandhi Nagar,
Orelinepet,
Pondicherry – 13.
21. Vijayakumar,
Proprietor,
M/s. Tamil Ponnie Arts,
No.2/23, 2nd Street,
Padmavathi Nagar,
Virugambakkam,
Chennai – 600 092. ... Plaintiffs
Vs
4/8
C.S.No.165 of 2019
and O.A.No.207 of 2019 and
A.Nos.1684 of 2019 and 2252 of 2020
1. Tamil Film Producer's Council,
Rep. by its Secretary,
Film Chamber Compound,
No.606, Anna Salai, Chennai – 600 006.
2. Vishal Krishna,
President,
Tamil Film Producer's Council,
Film Chamber Compound,
No.606, Anna Salai, Chennai – 600 006.
3. S.Kathiresan,
Honorary Secretary,
Tamil Film Producer's Council,
Film Chamber Compound,
No.606, Anna Salai, Chennai – 600 006.
4. S.S.Durairaj,
Honorary Secretary,
Tamil Film Producer's Council,
Film Chamber Compound,
No.606, Anna Salai, Chennai – 600 006. ... Defendants
Civil Suit filed under Order VII Rule 1 of CPC read with Order IV
Rule 1 of Original Side Rules, for the following judgment and decree :
[a] For a declaration to declare the resolution dated 31.01.2019
passed by the Executive Committee of the first defendant council with
reference to the suspension of the plaintiffs from the first defendant
association and the consequential order of suspension dated 18.02.2019
issued by the first defendant Association to the plaintiffs are illegal, null
and void.
5/8
C.S.No.165 of 2019
and O.A.No.207 of 2019 and
A.Nos.1684 of 2019 and 2252 of 2020
[b] For a Permanent injunction restraining the First defendant
Association from in any manner interfere with the membership of the
plaintiffs by giving effect to the suspension order dated 18.02.2019 and
the privileges and benefits enjoyed by the plaintiffs as guaranteed under
the bye law as a members of the first defendant council.
[c] For a mandatory injunction directing the first, second and third
defendants to declare and conduct the election for the first defendant
association for the period 2019-2021 on or before 31.03.2019 strictly in
accordance with the bye laws of the 1st defendant council.
[d] Directing the defendants to pay the plaintiffs the cost of the
suit.
For Plaintiffs : Mr.R.Sagadevan
JUDGMENT
Today, when the suit is taken up for hearing, the learned counsel
appearing for the plaintiffs appeared before this Court and filed a memo
for withdrawing the suit. In the memo, it was stated that the prayer
sought by the plaintiffs has become infructuous, as such, the plaintiffs are
entitled to withdraw the suit.
2. Hence, in view of the memo filed by the plaintiffs, the learned
counsel for the plaintiffs is permitted to withdraw the suit. Accordingly,
C.S.No.165 of 2019 and O.A.No.207 of 2019 and A.Nos.1684 of 2019 and 2252 of 2020
the memo filed by the plaintiffs is recorded and the suit is dismissed as
withdrawn. In otherwise, since the suit has not attained the stage of trial,
Registry is directed to refund the Court Fee to the plaintiffs, in
accordance with the rules. Consequently, the connected applications, are
also closed.
31.03.2021
ars
Index : Yes/No Internet: Yes Speaking/Non-Speaking Order
C.S.No.165 of 2019 and O.A.No.207 of 2019 and A.Nos.1684 of 2019 and 2252 of 2020
R.PONGIAPPAN, J.
ars
C.S.No.165 of 2019 and O.A.No.207 of 2019 and A.Nos.1684 of 2019 and 2252 of 2020
31.03.2021
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