Sowdher Mendiran And Another v. Metropolitan Transport Corporation Oozhiyar Progressive Union And 5 Others

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.07.2025

CORAM

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU and O.A.No.632 of 2025 1.J.Sowdher Mendiran 2.Balaji.M.N.

...Plaintiffs vs 1.Metropolitan Transport Corporation Oozhiyar Progressive Union, Rep.by its General Secretary, Pallavan Salai, (Near Kalaiarangam) Chennai - 600 002.

2.Labour Progressive Federation also known as Thozhilalar Munnetra Sanga Peravai, Kalaingarangam, No.25, Thiyagaraya Street, North Usman Road, T.Nagar, Chennai - 600 017. Rep.by General Secretary.

3.Dravida Munnetra Kazhagam, Thalamai Kazhagam, Rep.by its Secretary, Anna Arivalayam, 369, Anna Salai, Chennai - 600 018.

4.PTC S.Ravi (a) Sivakumar 5.D.Arumugam 6.M.Perumal

...Respondents

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PRAYER: Plaint filed under Order VII Rule 1 of the Code of Civil Procedure, 1908, read with Order 4 Rule 1 of O.S. Rules, prays for a Judgment and Decree against the Defendants for the following relief: a) For a declaration to hold that the announcement made by the 3rd Defendant on 21.06.2025 as published in the Murasoli News daily dated 22.06.2025 highhandedly and unilaterally stating that the Defendants 4 to 6 are the President, General Secretary and Treasurer at the Central level of the 1st Defendant Union and will announce the names of the remaining office bearers at the Central Union level and the Depot level of the 1st defendant Union as illegal, malafide, null and void and contrary to the Bye-law of the 1st defendant.

b) For a permanent injunction restraining the Defendants 3 to 6, their men, agents, representatives, called in any other manner from and other persons claiming through or under them from anyway administering the day to day affairs of the 1st defendant Union.

c) For Mandatory Injunction directing the 2nd Defendant Federation to conduct the election to the Office Bearership of the 1st defendant Union Both at the Depot level and the Central Office level of the 1st Defendant Union as per the Bye-laws of the 1st Defendant Union following Democratic Principles within the time frame fixed by this Hon'ble Court allow the Office Bearers duly elected through such election to administer the 1st defendant Union and pass such other orders.

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For Plaintiffs : Mr.R.Srinivasa Murthy For M/s.Row and Reddy For Defendants : D1 - No appearance M/s.Rampriya (For D2) Mr.R.Vidhuthalai (Senior counsel) For M/s.A.V.Bharathi (For D3 to D6)

JUDGMENT

Today, when the matter is taken up, a memo has been placed before this Court by the respective parties, indicating that the matter has been settled out of Court and seeks permission of this Court to withdraw the suit as settled out of Court.

2. Recording the same, the suit is dismissed as settled out of Court. However, there shall be no order as to costs. Consequently, connected application is closed.

3. Registry, High Court of Madras, is directed to grant necessary refund of Court fee in the name of the plaintiffs. 24.07.2025 kak 3/4

K.KUMARESH BABU, J.

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