Mr.A.V.Vidyasagar, Secretary, v. Mr.T.K.Vijay Rangam,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.07.2018

CORAM

THE HON'BLE MR.JUSTICE N.SATHISH KUMAR W.P.No.12968 of 2018 & W.M.P.No.15224 of 2018 Mr.A.V.Vidyasagar, Secretary, Kanceepuram District Table Tennis Association, (Registered Trust 731/2000) No.29, Saraswathi Nagar, 1st Street, Neelangarai, Chennai - 600 115.

... Petitioner Vs.

1. Mr.T.K.Vijaya Rangan, Chairman, Election Sub Committee, Tamilnadu Table Tennis Assocaition, Periampet, Chennai - 600 003.

2. Tamilnadu Table Tennis Association, Represented by is Hon. Secretary, Mr.T.K.Vijayarangam Periamet, Chennai - 600 003.

... Respondents Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the respondents to conduct the elections and Annual General Body Meeting scheduled to be held on 27.05.2018, strictly as per the respondent's Articles of Association/ Constitution. For Petitioner : Mr.M.S.Krishnan, Senior Counsel for S.Ranjithkumar For Respondent : Mr.J.Sivandaraj for Mr.V.Sankaranarayanan

O R D E R

The main relief sought in the Writ Petition is for direction to the respondents to conduct election by appointing a retired Judge of this Court as an observer. This Court by its Order dated 24.05.2018, appointed Election Officer namely Mr.Justice S.Rajeswaran, Former Judge of Madras High Court, as an Observer and requested him to file a report on or before 11.06.2018. Now the report of the Election Observer has been received and the same indicate that the election is over.

2. This Writ Petition has been tagged with the suit in C.S.No.359 of 2018. The counsel appearing for the plaintiff would submit that the very conduct of election itself is against bye-laws and the Writ Petition has been filed suppressing certain facts and Orders have been obtained, I am of the view that with regard to the conduct of elections, the plaintiff is at liberty to raise the grounds in the plaint itself or in the application filed by him . As the relief sought in the Writ Petition is over, this Court is of the view that no further Order is required in the Writ Petition.

3. Accordingly, this Writ Petition is closed. A copy of the report of the Election Observer shall be served to both sides in the suit. Consequently, the connected miscellaneous petition is closed. No cost.

Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar vrc To

1. Mr.T.K.Vijaya Rangan, Chairman, Election Sub Committee, Tamilnadu Table Tennis Assocaition, Periampet, Chennai - 600 003.

2. Tamilnadu Table Tennis Association, Represented by is Hon. Secretary, Mr.T.K.Vijayarangam Periamet, Chennai - 600 003.

1cc to M/S.Kavya Silabanan Associates, Advocate Sr.45048 +1c to M/S.S.Ranjithkumar, Advocate sr.44845 +1cc to MR.V.SankaraNarayanan, Advocate Sr.44827 W.P.No.12968 of 2018 ak[co] srg 25/07/2018