Dr.C.Kannan, v. Dr.L.P.Thangavelu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.10.2021

CORAM

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM W.P.No.24169 of 2013 and M.P.No.1 of 2013

1. Dr.C.Kannan

2. K.Sarojini ... Petitioners -vs1.Dr.L.P.Thangavelu, IMA State President, Ashwin Hospital, BKR Nagar, Coimbatore - 641 012.

2.Dr.J.A.Jayalal, IMA State Hon.Secretary, Annammal Hospital, Kuzhithurai - 629 163, Kanya Kumari District.

3.Dr.N.Mohandas, Family Security Scheme Chairman, Srinivasapuram, Thanjavur - 613 009.

4.Dr.T.N.Ravisankar, IMA CGP National Secretary, Deepam Hospital, No.327, Muthurangam Road, Tambaram West, Chennai - 600 045.

5.Dr. Sundaravel, President, IMA Salem Branch, Saradha College Road, Salem - 606 004.

... Respondents

PRAYER : Writ Petition filed Under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus directing the respondents to:

1. hold the Elections for the Indian Medial Association, Salem Branch.

2. discontinue the practice of people holding their posts continuously without holding any elections.

3. grant the privileges of the Scheme, Family, Security Scheme and Fraternity Scheme to the Members of the Petitioner Family.

For Petitioners : Mr.K.Ramachandran For Respondents : Mr.Nagarethinam Marudhuranam for Dr.B.Cheran

O R D E R

The relief sought for in the present writ petition is to direct the respondents to hold the elections for the Indian Medial Association, Salem Branch, to discontinue the practice of people holding their posts continuously without holding any elections, and to grant the privileges of the Scheme, Family, Security Scheme and Fraternity Scheme to the Members of the Petitioner Family.

2.The relief sought for to hold elections lost its relevance on account of the efflux of time. The writ petition was filed in the year 2013 by the individuals. If at all any dispute between the office bearers or members of the Indian Medical Association exists, they have to resolve the same by approaching the competent Civil Court of Law. However, after this length of time, this Court cannot issue any direction to hold elections. Further, it is not made clear that, during the pendency of the writ petition, whether any elections were conducted for the Association or not.

3.This being the position, this Court is not inclined to consider the relief. However, it is made clear that if any other grievance exists for the petitioners, it is left open to them to redress the same by approaching the competent authorities in the manner known to law.

Accordingly, the writ petition stands disposed of. No costs.

Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar mkn/sp W.P.No.24169 of 2013 KV(CO) SU(10/11/2021)