R.Suresh Kumar v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated 27.11.2024

CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR

1. R.Suresh Kumar

2. M.Gopinath

3. Jayabalan Chinnathamni

4. Dhanasekar Jayavelu

5. Elumalai

6. Selvaraj

7. A.Thirukkumar ... Petitioners Vs.

1.The Tahsildar, Office of Mambalam Taluk, Chennai 600 078.

2.Film and Television Producers Guild, Rep by its Secretary M.Jambu B1, Rams Flat, New No.19 (Old No.5) Jagatheeswaran Street, T.Nagar, Chennai 600 017.

3.Dr.Jaguar Thangam, President, Film and Television Producers, Guild of South India, B1, Rams Flat, New No.19 (Old No.5) Jagatheeswaran Street, T.Nagar, Chennai 600 017.

... Respondents

Prayer: Writ petition filed under Article 226 of Constitution of India seeking for issuance of Writ of Mandamus, directing the 1st respondent Tahsildar, Mambalam Taluk, Chennai to consider the Representation dated 23.09.2024 given by the petitioners to open the association building and enable the members to use the association premises. For Petitioners : Mr.K.M.Balaji For Respondents : Mr.V.Ramesh, Government Advocate for the first respondent

ORDER

The petitioners herein seek a direction to the first respondent to consider their representation dated 23.09.2024 and open the Association premises.

2. It is the case of the petitioners that they are members of the Film and Television Producers Guild of South India. Earlier, there was a dispute among the Office Bearers of the second respondent Association. The Secretary of the Association has filed a suit in C.S.No.512 of of 2018, in which order was passed. Challenging the

said order, the third respondent filed an appeal in OSA No.371 of 2018 before this Court. In the said appeal, this Court was pleased to appoint Former Judge of this Court to conduct the Election in the second respondent Association. Subsequently, the third respondent has approached this court and obtained an order for opening the Association premises. Pursuant to the said direction, the Association Premises was opened and again there was a dispute among the Office Bearers. It is also the case of the petitioners that the Office Bearers of the Association locked the Association premises and prevented the members from entering into the Association premises. Therefore, the petitioners submitted their representation before the first respondent seeking direction to the Office Bearers to open the Association premises, however, the same was not considered by the first respondent. Therefore, the petitioners have come before this Court.

3. A reading of the writ affidavit would disclose that there is a dispute among the members of the Association and its office bearers with regard to the opening of the Association premises. The first respondent has no role to play in the said dispute among the members

of the Association and it is for the aggrieved members to workout their remedy before the Civil Court. As such, this Court is not inclined to entertain this writ petition. However, liberty is granted to the petitioners to work out their remedy before the Civil Court.

4. With the above observations, this writ petition is dismissed. There shall be no order as to costs.

27.11.2024 Index:Yes/No Internet:Yes/No mst To 1.The Tahsildar, Office of Mambalam Taluk, Chennai 600 078.

2.Film and Television Producers Guild, Rep by its Secretary M.Jambu B1, Rams Flat, New No.19 (Old No.5) Jagatheeswaran Street, T.Nagar, Chennai 600 017.

3.Dr.Jaguar Thangam, President, Film and Television Producers, Guild of South India, B1, Rams Flat, New No.19 (Old No.5) Jagatheeswaran Street, T.Nagar, Chennai 600 017.

S.SOUNTHAR, J.

mst and W.M.P.No.37969 of 2024 27.11.2024