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Madras High CourtCS/14/2020dismissed as infructuous

Tamil Nadu Kho-Kho Association v. Tamil Nadu State Kho-Kho Asson.

2020-11-30Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Date : 30.11.2020

CORAM

THE HON`BLE MR.JUSTICE N.SATHISH KUMAR Tamilnadu Kho-Kho Association (No.479/2019) Represented by its President Mr.N.Murugappan, Door No.4/22, Ground Floor, Valluvar Salai, Ramapuram, Maduravoyal Taluk, Chennai - 600 089.

.. Plaintiff vs.

1. Tamilnadu State Kho-Kho Association, Represented by its Secretary, Mr.K.Appavoo Pandian, No.51/2. Venkatnarayana Road, T.Nagar, Chennai - 600 017.

2. Kho-Kho- Federation of India, Represented by its General Secretary, Mr.M.S.Tyagi, B-1, Basement, Dhawandeep Bldg, 6, Jantar Mantar Road, New Delhi - 110 001.

.. Defendants Civil Suit filed under Order VII Rule 1 of Code of Civil Procedure read with Order IV Rule 1 of Original Side Rules praying for the following judgment and decree against the defendants.

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a) For passing an order of permanent injunction restraining the first defendant from conducting the election to be held on 12.01.2020 or thereafter, since it is a dissolved society as per Section 44(4) of T.N.Registration of Societies Act, 1975.

b) for a mandatory injunction directing the second defendant to affiliate the Plaintiff Association as representing State of Tamil Nadu. c) To pay the cost of the suit;

For Plaintiff : Mr.N.Damodharan For defendants : Mr.S.K.Kannadasan - D1 Mr.L.S.M.Hasan Fizal - D2

J U D G M E N T

The suit is filed for permanent injunction to restrain the first defendant from conducting the election to be held on 12.01.2020 or thereafter and for mandatory injunction to direct the second defendant to affiliate the Plaintiff Association as representing State of Tamil Nadu. 2/4

2.

When the matter is taken up today, it is brought to the notice of this Court that after interim Order granted by this Court has been vacated and the application filed for interim injunction was dismissed on 01.03.2020, election has been conducted by the first defendant association.

3. In such view of the matter, nothing survives in this suit and it is for the plaintiff to challenge the election, if it is advised to do so.

4. Accordingly, this suit is dismissed as infructuous. No cost. 30.11.2020 vrc 3/4

N.SATHISH KUMAR, J vrc 30.11.2020 4/4