Madras High Court
Mr.N.S.Balachandhar vs The Honorary Secretary on 11 August, 2023
C.S. No.553 of 2019
and A.Nos.3840, 3841, 4471 to 4478 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.08.2023
CORAM
THE HONOURABLE Ms. JUSTICE R.N.MANJULA
C.S. No.553 of 2019
and
A.Nos.3840, 3841, 4471 to 4478 of 2022
Mr.N.S.Balachandhar
Plaintiff
-Vs.-
1. The Honorary Secretary,
Samyukta Gowda Saraswata Sabha,
A society registered under the provisions of
the Societies Registration Act,
having its registered office at
No.55, Habibullah Road,
T.Nager, Chennai-600 017.
2. Mr.A.Arjuna Pai
President of Samyukta Gowda Saraswata Sabha,
having its registered office at
No.55, Habibullah Road,
T.Nager, Chennai-600 017.
3. Dr.H.R.Shanbhogue,
Vice President of Samyukta Gowda Saraswata Sabha,
having its registered office at
No.55, Habibullah Road,
T.Nager, Chennai-600 017.
4. Mr.C.J.Nayak,
Honorary Secretary of Samyukta Gowda Saraswata Sabha,
having its registered office at
No.55, Habibullah Road, T.Nager, Chennai-600 017.
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C.S. No.553 of 2019
and A.Nos.3840, 3841, 4471 to 4478 of 2022
5. Mr.Vasant M.Shanbhag,
Joint Secretary of Samyukta Gowda Saraswata Sabha,
having its registered office at
No.55, Habibullah Road, T.Nager, Chennai-600 017.
6. Mr.K.P.Lakshmana Rao,
Honorary Treasurer of Samyukta Gowda Saraswata Sabha,
having its registered office at
No.55, Habibullah Road, T.Nager, Chennai-600 017.
7. Mrs.Vijayalakshmi R.Pai,
Committee Member of Samyukta Gowda Saraswata Sabha,
having its registered office at
No.55, Habibullah Road, T.Nager, Chennai-600 017.
8. Mrs.Vijayalakshmi R.Prabhu,
Committee Member of Samyukta Gowda Saraswata Sabha,
having its registered office at
No.55, Habibullah Road, T.Nager, Chennai-600 017.
9. Mr.V.Muralidhara Rao,
Committee Member of Samyukta Gowda Saraswata Sabha,
having its registered office at
No.55, Habibullah Road,
T.Nager, Chennai-600 017.
10. H.Mohandas Pai,
Committee Member of Samyukta Gowda Saraswata Sabha,
having its registered office at
No.55, Habibullah Road,
T.Nager, Chennai-600 017.
11. Mr.Suresh A. Pai,
Committee Member of Samyukta Gowda Saraswata Sabha,
having its registered office at
No.55, Habibullah Road,
T.Nager, Chennai-600 017.
12. Mr.B.Balakrishna Rao,
Committee Member of Samyukta Gowda Saraswata Sabha,
having its registered office at
No.55, Habibullah Road,
T.Nager, Chennai-600 017.
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C.S. No.553 of 2019
and A.Nos.3840, 3841, 4471 to 4478 of 2022
13. Dr.S.Dinesh Nayak,
Present President of Samyukta Gowda Saraswata Sabha,
having its registered office at
No.55, Habibullah Road,
T.Nager, Chennai-600 017.
14. Mr.Suresh Shanbhogue,
Present Treasurer of Samyukta Gowda Saraswata Sabha,
having its registered office at
No.55, Habibullah Road,
T.Nager, Chennai-600 017.
15. Mrs.K.P.Kiran Rao,
Committee Member of Samyukta Gowda Saraswata Sabha,
having its registered office at
No.55, Habibullah Road,
T.Nager, Chennai-600 017.
16. Mr.Praveen Kamath
Committee Member of Samyukta Gowda Saraswata Sabha,
having its registered office at
No.55, Habibullah Road,
T.Nager, Chennai-600 017.
17. Mr.R.Sathyanarayana Shenoy
Committee Member of Samyukta Gowda Saraswata Sabha,
having its registered office at
No.55, Habibullah Road,
T.Nager, Chennai-600 017.
18. Mr.M.Uday Kamath
Committee Member of Samyukta Gowda Saraswata Sabha,
having its registered office at
No.55, Habibullah Road,
T.Nager, Chennai-600 017.
19. K.Umesh Nayak,
Election Officer,
Plot No.892, New No.8, 10th Street,
Syndicate Bank Colony,
Annanagar West Extension,
Chennai-600 101.
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C.S. No.553 of 2019
and A.Nos.3840, 3841, 4471 to 4478 of 2022
20. Mr.Devdas J Kamath
Fellow Scrutiniser,
Block-4, Flat No.1D,
VGN La Parissienne,
4th Main Road, Nolambur,
Mugappair West, Chennai-600 037.
21. Mr.P.B.Atulendranath Shenoi,
Fellow Scrutiniser
“Atula Kala”,
5, 2nd Canal Cross Road,
Gandhinagar, Adyar,
Chennai-600 020.
(Defendants 13 to 21 impleaded as per order
dated 24.03.2022 in A.No.2183 of 2020)
... Defendants
Civil Suit is filed under Order IV Rule 1 of O.S.Rules read with Order
7 Rule 1 of C.P.C. to pass judgment and decree
a) to declare the business item No.6 relating to the election of the
office of the Managing Committee of the 1st defendant contained in the
Notice dated 01.09.2019 that is to be held on 29.09.2019 as illegal, bad in
law, void-ab-initio and non-est.
b) Permanent injunction restraining the Defendants 2 to 12 from
conducting elections for the office of the Managing Committee of the 1st
defendant based on business item No.6 contained in the Notice dated
01.09.2019 for the election of the Managing Committee of the 1st defendant
on 29.09.2019 or on any subsequent dates.
c) To declare that the election held on 29.09.2019 to the various office
positions of the 1st defendant on the basis of the business item No.6 in the
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C.S. No.553 of 2019
and A.Nos.3840, 3841, 4471 to 4478 of 2022
Notice 01.09.2019 as illegal, bad in law, void-ab-initio and non-est.
d) to award the costs of this suit.
For Plaintiff : Mr.Sarath Candran
For Defendants : Ms.V.Nithyasri
for M/s.S.Ramasubramanian & Associates
*****
JUDGMENT
On 16.11.2022, the following order has been passed:-
“It is stated that consequent to an order granting leave
under Section 92 of CPC, an Original Side Appeal had been
filed and the Division Bench had granted stay of further
proceedings in C.S.No.85 of 2022. The matter may therefore
be listed whenever the Original Side Appeal is disposed of.
2.It is further represented that the relief sought in
C.S.No.553 of 2019 has become infructuous and a memo in
that regard had been filed.
3.The learned counsel for the plaintiff to take a decision
on that.”
2. When the matter is taken up today, the learned counsel for the
plaintiff submitted that he has not got any instructions from the plaintiff. But
https://www.mhc.tn.gov.in/judis
C.S. No.553 of 2019
and A.Nos.3840, 3841, 4471 to 4478 of 2022
the fact remains that the clarification from the plaintiff is required only on
the issue whether the relief sought in C.S.No.553 of 2019 has become
infructuous or not.
3. C.S.No.553 of 2019 has been filed for the following reliefs:-
a) to declare the business item No.6 relating to the
election of the office of the Managing Committee of the 1 st
defendant contained in the Notice dated 01.09.2019 that is to be
held on 29.09.2019 as illegal, bad in law, void-ab-initio and
non-est.
b) Permanent injunction restraining the Defendants 2 to
12 from conducting elections for the office of the Managing
Committee of the 1st defendant based on business item No.6
contained in the Notice dated 01.09.2019 for the election of the
Managing Committee of the 1st defendant on 29.09.2019 or on
any subsequent dates.
c) To declare that the election held on 29.09.2019 to the
various office positions of the 1st defendant on the basis of the
https://www.mhc.tn.gov.in/judis
C.S. No.553 of 2019
and A.Nos.3840, 3841, 4471 to 4478 of 2022
business item No.6 in the Notice 01.09.2019 as illegal, bad in
law, void-ab-initio and non-est.
d) to award the costs of this suit.
4. Since the subsequent election had held and the three years tenure of
the earlier office bearers got expired, the suit in C.S.No.553 of 2019 has
become infructuous and the Memo filed by the first defendant in this regard
is recorded.
5. In view of the same, the suit in C.S.No.553 of 2019 is dismissed as
infructuous. No costs. Consequently, all applications are also closed.
11.08.2023
kmi
https://www.mhc.tn.gov.in/judis
C.S. No.553 of 2019
and A.Nos.3840, 3841, 4471 to 4478 of 2022
R.N.MANJULA, J
kmi
C.S. No.553 of 2019
and
A.Nos.3840, 3841, 4471 to 4478 of 2022
11.08.2023
https://www.mhc.tn.gov.in/judis
