Madras Gymkhana Club, v. Colonel Dr.Edwin Jesudoss Rtd.

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.07.2025 CORAM :

THE HONOURABLE DR.JUSTICE ANITA SUMANTH and THE HONOURABLE MR.JUSTICE N.SENTHILKUMAR Madras Gymhkana Club Rep. by its Secretary, Having its office at No.1, The Island Grounds, Anna Salai, Chennai - 600 002.

.. Petitioner vs 1.Colonel Dr.Edwin Jewusodss (Retd), Victor Evelyn Heritage, 8, Theruveedian Street, Gopalapuram, Chennai - 600 086.

2.Major General Jose Manavalan (Retd), Oceanic 1604, Hiranandavi Upscale, Rajiv Gandhi Salai, Egattur, Chennai - 600 130.

3.Commodore ThayiHari (Retd), 81, Kumarrappa Street, Nungambakkam, Chennai - 600 034.

4.Surgeon CommandarSalim J Thomas (Retd), 41, Ethiraj Salai, Egmore, Chennai - 600 008.

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5.Colonel K Malaiappan (Retd) Green Gardens, 389/2, L Block Anna Nagar East, Chennai - 600 102.

6.Captain R Sivasailam, IAS (Retd) 14/2, Venus Colony First Street, Alwarpet, Chennai - 600 018.

7.Ex-Officio Patron of the Club Madras Gymkhana Club, (General Officer of Commanding) Having his office at No.1, the Island Grounds, Anna Salai, Chennai 600 002.

.. Respondents Prayer : Petition filed under Order XIV Rule 8 of OS Rules read with Section 151 of CPC to appoint any other Retired District Judge of her choice in place of Mr.Nazir Ahamed, Retired District Judge and thereby modify order dated 13.12.2017 in C.M.P.No. 21214 of 2017 in OSA No.267 of 2017.

For Petitioner :

Mr.Cibi Vishnu For Respondents :

Mr.S.S.Rajesh for R1, R2

ORDER

(Made by Dr. ANITA SUMANTH.,J) On 10.07.2025, the following order was passed:- "The OSA has been disposed on 06.10.2017 and CMP No.7471 of 2018 has been filed seeking substitution of the District Judge who had been appointed to assist the Hon'ble Commissioner in the convening of Special Body Meeting and voting.

2. Prima facie, we find nothing survives in this Miscellaneous Petition, since the meeting itself 2/5

was of the year 2017. However, in order to afford an opportunity and seeing as none appears today when the matter is called, list on 11.07.2025 under the caption 'for dismissal'.

2.

Mr.Cibi, learned counsel, appears for the petitioner. In fact, he states that, he has given change of vakalat, but assists the Court by producing a copy of the report of the Judge Commissioner dated 12.06.2018. Paragraph 13 of that report reveals that Hon'ble Tmt. Justice Aruna Jagadeesan had taken the services of Tr.Udayan in place of Mr. Nazir Ahmed, who have been nominated to assist her and who had been appointed as President of the District Consumer Forum. 3.

In light of the same, the prayer in the petition has already been achieved and nothing survives in this petition, recording which, this petition is closed.

[A.S.M., J] [N.S., J] 11.07.2025 Index:Yes/No ssm To 1.Colonel Dr.Edwin Jewusodss (Retd), Victor Evelyn Heritage, 8, Theruveedian Street, Gopalapuram, Chennai - 600 086.

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2.Major General Jose Manavalan (Retd), Oceanic 1604, Hiranandavi Upscale, Rajiv Gandhi Salai, Egattur, Chennai - 600 130.

3.Commodore ThayiHari (Retd), 81, Kumarrappa Street, Nungambakkam, Chennai - 600 034.

4.Surgeon CommandarSalim J Thomas (Retd), 41, Ethiraj Salai, Egmore, Chennai - 600 008.

5.Colonel K Malaiappan (Retd) Green Gardens, 389/2, L Block Anna Nagar East, Chennai - 600 102.

6.Captain R Sivasailam, IAS (Retd) 14/2, Venus Colony First Street, Alwarpet, Chennai - 600 018.

7.Ex-Officio Patron of the Club Madras Gymkhana Club, (General Officer of Commanding) Having his office at No.1, the Island Grounds, Anna Salai, Chennai 600 002.

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DR. ANITA SUMANTH, J.

and N.SENTHILKUMAR, J.

C.M.P.No. 7471 of 2018 in O.S.A.No. 267 of 2017 11.07.2025 5/5