M. Divan Mydeen v. Tamil Nadu Press And Media Reporters Union

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.11.2023

CORAM:

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI CRP No. 3643 of 2023 M.Divan Mydeen

...Petitioner

Vs.

Tamil Nadu Press and Media Reporters Union Represented by Mr.M.Sivatamilavan Founder/the State President Presently having office at No.2., jawaharlal Nehru Salai, 1st Floor Ambal Nagar, Ekkattuthangal Chennai - 600 032.

....Respondent PRAYER : This petition filed under Article 227 of the Constitution of India, to set aside the order of the IV Additional City Civil Court at Chennai in CMA No. 9 of 2022 against I.A No. 1 of 2019 in I.A No. 13104 of 2018 in O.S No. 5535 of 2018 dated 27.02.2023. For Petitioner : Mr.P.AAthiveerarama Pandian

ORDER

This petition has been filed to set aside the order of the IV Additional City Civil Court at Chennai in CMA No. 9 of 2022 against I.A No. 1 of 2019 in I.A No. 13104 of 2018 in O.S No. 5535 of 2018 dated 27.02.2023.

2. The petitioner herein filed CMA No. 9 of 2022 before the IV Additional City Civil Court at Chennai, for detaining the respondent under civil prison for wiful disobedience of interim injunction order dated 25.02.2019 passed in I.A No. 13104 of 2018. After considering the submissions on either side the said Court dismissed the said application. Challenging the same the petitioner filed this petition.

3. Heard the learned counsel for the petitioner.

4. The petitioner herein filed the suit for permanent injunction restraining the defendant and his men or any other persons from using the plaintiffs' Union namely Tamil Nadu Press and Media Reporters Union in any manner whatsoever and from interfering with the peaceful administration of the plaintiffs union and the said petition was contested by the respondent and interim injunction granted in favour of the petitioner on 25.02.2019 by restraining the respondent from using the name of Tamil Nadu Press and Media Reporters Union. But, in spite of that said injunction

the respondent continuously used the said name of the plaintiff association. Thereafter, the petitioner filed I.A No. 1 of 2019 in I.A No. 13104 of 2018 in O.S No. 5535 of 2018 for detaining the respondent under civil prison for wilful disobedience of interim injunction order dated 25.02.2019 passed in I.A No. 13104 of 2018. After considering the submissions on either side the Trial Court allowed the petition and imposed a fine a of Rs.1000/- to the respondent. Admittedly, the respondent violated the interim order of the Trial Court for the first time hence the Trial Court rightly imposed a fine of Rs.1000/- to the respondent which needs no interference. Accordingly, this Civil Revision Petition is dismissed. No cost. Consequentially, connected miscellaneous petition is closed.

24.11.2023 pbl

T.V.THAMILSELVI,J.

Pbl To

1. The IV Additional City Civil Court at Chennai. CRP No. 3643 of 2023 and CMP No. 22800 of 2023 24.11.2023