Vidyodya Parents Teachers v. Vidyodya Schools Society

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.03.2018

CORAM

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN C.S.No.450 of 2012 Vidyodaya Parent Teacher Association, Represented by its President, Mr.V.Vijaya Raghavan, No.1, Thirumalai Road, T.Nagar, Chennai-600 017.

... Plaintiff ..Vs..

1.Vidyodaya Schools Society, Rep.by its Correspondent, No.1, Thirumalai Road, T.Nagar, Chennai-600 017.

2.Anna George, The Correspond, Vidyodya Schools Society, No.1, Thirumalai Road, T.Nagar, Chennai-600 017.

... Defendants Plaint filed under Order IV Rule 1 of O.S.Rules r/w Order VII Rule 1 of C.P.C, praying to pass a judgment and decree:- a)A declaration that the resolution passed by the Governing Council of the first defendant in the meeting dated 28.06.2012 expelling

the President of the Plaintiff from the Governing Council meeting is illegal and bad in law.

b)A Permanent Injunction restraining the defendants, by themselves or their servants or agents or assignees from preventing the nominated representative of the plaintiff from attending the Governing Council of the Plaintiff Society as per the bye-laws: c)A Mandatory Injunction directing the defendants to demolish and reconstruct the school building of the Vidyodaya Matriculation Higher Secondary Academy run by the first defendant housing class rooms IX-A, IX-B, X-A, X-B, XII-A and XII B and XII C situated at Premises No.1, Tirumalai Road, T.Nagar, Chennai-600 017 with the funds lying with the defendants collected from the parents of the students studying in Vidyodaya Schools.

d)A Permanent Injunction restraining the defendants, by themselves or their servants or agents or assignees from in any manner interfering with the working of the Plaintiff Association and also restrain the defendants from preventing the plaintiff to conduct Extraordinary General Body Meeting or any other meetings in their registered office premises or outside the school premises, as the case may be; and For Plaintiff : No Appearance

J U D G M E N T

The learned counsel for the plaintiff reported no instructions. Hence, notice was directed to be issued to the plaintiff on the address given in the plaint. The said notice has been returned with an endorsement that the Plaintiff's Association is not presently functioning at the said address. Hence, the suit is dismissed for non prosecution.

13.03.2018 KP Index : Yes/No Internet : Yes/No Speaking Order/Non-speaking Order To The Sub Assistant Registrar, Original Side, High Court, Madras.

R.SUBRAMANIAN,. J.

KP C.S.No.450 of 2012 13.03.2018