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Madras High CourtWP/28915/2015disposed of

C.Jeganathan, Founder v. P.Paramasamy

2016-06-23Honourable Mr Justice M. Jaichandren3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.06.2016

CORAM:

The HON'BLE MR. JUSTICE M.JAICHANDREN W.P. No.28915 of 2015 and M.P.No.1 of 2015 C.Jeganathan S/o.N.Chinnasamy, Founder President & General Secretary JSR Tamil Nadu Thodakka Palli Aasririyar Koottani, Registration No.79 of 2011 & 455/2013 (TNESTF) No.45, Arokiya Madha Koil Street, Saidapet, Chennai - 600 015.

... Petitioner

Versus

1.P.Paramasamy 2.T.Mohandass 3.D.Hariharan 4.The District Registrar, Chennai South, Chennai - 600 015.

... Respondents Prayer: Writ Petition is filed to issue a Writ of Mandamus, directing the 4th respondent to forbear the respondents 1 to 3 herein, his men, etc from using the name of J.S.R. Tamil Nadu Elementary School Teachers Federation, its registered Nos.79/11 & 455/13, their unauthorised entry and indulging in illegal activities in the federation office at 45, Arokia Madha Koil Street, Saidapet, Chennai - 600 015.

For petitioner :

Mr.A.L.Namasivayam For respondents :

Mr.V.Sivalingam for M/s.C.S.Associates (R1 to R3) Mr.P.Karthikeyan Government Advocate (R4)

ORDER

Heard the learned counsel appearing for the petitioner, as well as the learned counsels appearing on behalf of the respondents.

2.This writ petition has been filed praying that this Court may be pleased to issue a writ of Mandamus, directing the 4th respondent to forbear the respondents 1 to 3 and their men from using the name of J.S.R. Tamil Nadu Elementary Teachers Federation, with registration Nos.79/11 and 455/13, and to prevent them from indulging in illegal activities. 3.Though various grounds have been raised in the affidavit filed in support of the writ petition, the learned counsel appearing on behalf of the petitioner has submitted that it would suffice, if the fourth respondent is directed to dispose of the representation, dated 24.03.2015, on merits and in accordance with law, within a specified period. 3.The learned counsels appearing on behalf of the respondents have no objection for such an order being passed by this Court.

4.In view of the submissions made by the learned counsels appearing on either side, the fourth respondent is directed to dispose of the representation of the petitioner, dated 24.03.2015, on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order, after giving an opportunity of hearing to the petitioner, as well as the respondents 1 to 3 herein and the other persons concerned, if any. The petitioner is directed to furnish a copy of the representation, dated 24.03.2015, to the fourth respondent, along with a copy of this order. However, it is made clear that this Court, by this order, has not expressed any opinion on the merits of the matter.

5.The writ petition is disposed of, with the above directions. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar cse

To The District Registrar, Chennai South, Chennai - 600 015.

+1cc to Mr.A.L.Namasivayam, Advocate, S.R.No.35701 +1cc to M/s.C.S.Associates, Advocate, S.R.No.35785 +1cc to the Government Pleader, S.R.No.35160 W.P. No.28915 of 2015 and M.P.No.1 of 2015 SVI(CO) CA(13/07/2016)