IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.Karpagavinayagam and S.Ashok Kumar, JJ.
R.Karuppan
Versus
The Patron of Chennai Rifle Club, Raj Bhavan, Chennai and others
W.P.No.20425 of 1999, W.P.No.8121 of 2003, W.A.No.794 of 2002 and Contempt Petition No.368 of 2003
Decided On : 05 December 2003
M.Karpagavinayagam, J.: There are two writ petitions and one writ appeal filed by Mr.Karuppan, the petitioner herein as party-in-person.
2. The prayer in W.P.No.20425 of 1999 is for a mandamus directing the respondents for vesting the Chennai Rifle Club with the State Government and for further directions.
3. The other writ petition is W.P.No.8121 of 2003 wherein the prayer has been made for direction to the respondents to conduct a coaching camp well in advance to the maximum duration.
4. W.A.No.794 of 2002 would relate to the appeal against the order passed in W.P.No.3252 of 2000 assailing the same on the ground that permission for withdrawal of the writ petition was given to the petitioner without giving opportunity to file a fresh petition.
5. Besides these, the petitioner/party-in-person filed another petition as a contempt petition in C.P.No.368 of 2003 requesting to take contempt action against Sivanthi Adityan, the fourth respondent in W.P.No.20425 of 1999 for having given false particulars in his counter.
6. The case of the petitioner as culled out from the affidavit of W.P.No.20425 of 1999 is as follows:
"The petitioner was a member of the Chennai Rifle Club. Sivanthi Adityan, the fourth respondent is the Honorary Secretary of the said Club. Though the range, machinery and buildings belong to the Government, Sivanthi Adityan named the said range after him. This was done without any authorisation from the Government in order to siphon off money from the Government. So, the petitioner gave a complaint to the Patron of Chennai Rifle Club on 27.11.1998. When permission was denied to the petitioner for participating in the National Tournament by the National Rifle Association of India, the petitioner filed W.P.No.542 of 1999 stating that Sivanthi Adityan, the fourth respondent did not allow the petitioner and other members to have an access to the ranges and the equipments belonging to Tamil Nadu State. On 15.6.1998, the petitioner received a communication from Sivanthi Adityan, stating that he defaulted in payment of subscription to the Chennai Rifle Club and asking him to make the payment of Rs.1,000 as entry fee along with the subscription on or before 30.6.1998. Though the said amount was not paid, a Demand Draft for Rs.1,500 was sent on 14.7.1998. On 5.8.1998, he received a communication from Sivanthi Adityan acknowledging the receipt of the amount and informing him that the matter would be placed before the Committee for decision. On 6.1.1999, a letter was received from the Commissioner of Police, Ex-officio President of Chennai Rifle Club stating that pending consideration of his membership in the range, the petitioner will be permitted to take part in the Rifle Club Shooting Range. Despite that, he was not allowed to use the range. The petitioner is not only a member of the Chennai Rifle Club, but also has been winning laurels to the Club, both National and International Championship. The petitioner has already won a silver medal in the International competition. Since the range has been used by Sivanthi Adityan as if it is his own personal property without distributing the ammunition to the petitioner as well as to other members, the entire range and machineries shall be vested with the Government.
7. In this petition, there are five respondents. The first respondent is the Patron of the Chennai Rifle Club. According to him, through his counter-affidavit, the petitioner has been continuously approaching this Court by misusing the due process of law making several false allegations and obtaining the interim orders to participate in several events even without being a member of the Club. The petitioner has been already expelled from membership of the Club as per rules. His name has been struck off from the register as per Sec.3, Rule 3(k) of the Rules of the Club. The petitioner is not entitled to participate in any event conducted by the first respondent, since more than three years have elapsed since his date o
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