Virudhunagar District ... vs Tamil Nadu Gymnastics ...
2022 Latest Caselaw 9728 Mad

                                                         1

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED : 09.06.2022

                                                     CORAM

                            THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY

                                                C.S.No.239 of 2020
                                                       and
                                                A.No.3189 of 2021

                     1.Virudhunagar District Gymnastics Association,
                       Rep. by its General Secretary,
                       Mr.P.Selvaraj

                     2.Thanjavur District Gymnastics Association,
                       Rep by its President,
                       Mr.S.K.Ramanathan

                     3.Karur District Gymnastics Association,
                       Rep by its General Secretary,
                       P.Satheesh Kumar.                               ... Plaintiffs

                                                        Vs.

                     1.Tamil Nadu Gymnastics Association,
                       Represented by its General Secretary,
                       Ms.Sharon Suares.

                     2.Mr.P.Prabhu
                     3.Mr.T.Kumar

                     4.Gymnastics Federation of India (GFI),
                       Rep by its President,
                       C-4/2, Ground Floor,
                       Safdarjung Development Area, Hauzkhas,


https://www.mhc.tn.gov.in/judis
                                                             2

                        New Delhi - 110 016.

                     5.Tamilnadu State Olympic Association,
                       Rep by its General Secretary,
                       Room No.78, Jawaharlal Nehru Stadium,
                       Chennai - 600 003.                                         ... Defendants



                                  PRAYER : Civil Suit filed under Order VII Rule 1 of CPC read
                     with Order IV Rule 1 of OS Rules, prays for a Judgment and decree:
                                   (a) Granting an order of permanent injunction restraining
                                   the second and third Defendants and/or anyone acting on
                                   their behalf from conducting any Annual General meeting
                                   or elections for the Tamilnadu Gymnastics Association;
                                   (b) to conduct a free and fair election for the first
                                   defendant society for the year 2020-2024 within a
                                   timeframe fixed by this Hon'ble Court and consequentially
                                   direct the defendants four and five to accept the duly
                                   elected first defendant as the official State body for
                                   Tamilnadu for the sport of gymnastics;
                                   (c) and pass such further or other orders;


                                           For Plaintiffs        : Mr.Krishna Ravindran
                                           For D2 and D3      : Mr.S.Ramesh
                                           For D4             : Mr.K.Moorthy
                                           For D5             : Mr.R.Chandrasudan




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                                                             3


                                                       JUDGMENT

The learned counsel for the plaintiffs submits that the main prayer

in the suit is for restraining the second and third Defendants and/or anyone

acting on their behalf from conducting any Annual General meeting or

elections for the Tamilnadu Gymnastics Association. Now, the election itself

has been conducted. Therefore, he submits that that the suit has become

become infructuous and hence, prayed for dismissal of the suit as

infructuous. In this regard, he has also made necessary endorsement on the

reverse of Memorandum of Civil Suit.

2.The learned counsel for the plaintiffs further submits that the

Application in A.No.3189 of 2021 has been filed to extend the time for

filing the Advocate Commissioner's report.

3.Mr.L.Chandrakumar, the learned Advocate Commissioner

submitted that he has already filed his report and also received the

additional remuneration and submits that nothing survives in this

Application.

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4.At this juncture, Mr.A.R.L.Sundaresan, learned Senior Counsel

submits that challenging the said election, a suit has been filed, which is the

subject matter to be adjudicated in C.S.No.357 of 2022.

5.In view of the submissions made by the learned counsel for the

plaintiffs as well the endorsement made by the learned counsel for the

plaintiffs, the Civil Suit is dismissed as infructuous. No costs. Consequently,

the connected Application in A.No.3189 of 2021 is also dismissed as

infructuous. The Registry is directed to return the eligible Court fee, if any,

in accordance with law.

09.06.2022 Tsg

Index : yes / no Internet : yes / no Speaking / non speaking

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KRISHNAN RAMASAMY, J.,

Tsg

C.S.No.239 of 2020 and A.No.3189 of 2021

09.06.2022

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