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HIGH COURT OF JUDICATURE AT MADRAS
Mr.P.T.Selvakumar and 2 others – Appellant
Versus
Tamil film Producers Council, Rep.by its Special Officer and 4 others – Respondent
OA 724 2020
O.A.No.724 of 2020
in
C.S.No.384 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Reserved on
: 19.03.2021
Pronounced on : 17.04.2021
CORAM
THE HON`BLE MR.JUSTICE R.PONGIAPPAN
O.A.No.724 of 2020
in
C.S.No.384 of 2020
1. Mr.P.T.Selvakumar
2. Mr.N.Subash Chandra Bose
3. Mr.K.Rajan
... Applicants/Plaintiffs
Vs.
1. Tamil Film Producers Council,
Rep. By its Special Officer,
No.606, Anna Salai,
Chennai – 600 006.
2. The Election Officer,
Tamil Film Producers Council,
No.606, Anna Salai, Chennai – 600 006.
3. Mr.R.Radhakrishnan,
Proprietor of Maruthi Films,
No.135, Lakshmi Nagar, First Street,
Sridevi Kuppam, Valasaravakkam,
Chennai – 600 087.
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O.A.No.724 of 2020
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4. Mr.S.Chandra Prakash,
Proprietor of Sri Mishri Productions,
No.21/9, Cenotoph Road, 2nd Lane,
Raj Paris Apartments,
Ground Floor – B, Alwarpet,
Chennai – 600 018.
5. Mr.S.Kathiresan,
Proprietor of Shri Meenakshi Creations,
P.No.37, Bhakiya Lakshmi Nagar,
3rd Street, Near Velanganni School,
Alapakkam,
Chennai – 600 116.
... Respondents/Defendants
Prayer: This application is filed under Order XIV Rule 8 of the Original Side
Rules read with Order XXXIX Rule 1 of Code of Civil Procedure, praying for the
relief of Ad-Interim Injunction restraining the respondents/defendants 3 to 5 from
acting as office bearers to the post of Honorary Secretary, Treasurer and Vice
President pursuant to the election dated 22.11.2020 for the first
respondent/defendant council pending disposal of the Civil Suit.
ORDER
The plaintiffs in C.S.No.384 of 2020 has filed this application, seeking
the relief to grant an order of Ad-Interim Injunction restraining the
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O.A.No.724 of 2020
in
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respondents/defendants 3 to 5 from acting as office bearers to the post of Honorary
Secretary, Treasurer and Vice President pursuant to the election dated 22.11.2020
for the first respondent/defendant council, pending disposal of the Civil Suit.
2. The case of the applicants in a nut shell, is as follows:
(i) The 1st respondent/defendant is a Society registered and governed
under the Tamil Nadu Societies Registration Act, 1975. The 2nd
respondent/defendant is the Election Officer of the 1st respondent/defendant,
appointed by this Court, vide order dated 12.02.2020 in Application No.1685 of
2019 in C.S.No.165 of 2019.
(ii) By way of complying with the directions given by this Court, the 2nd
respondent/defendant issued a notification dated 09.10.2020 on behalf of the 1st
respondent/defendant, announcing the election schedule for electing Office
Bearers and Executive Members of the Tamil Film Producers Council, i.e., the 1st
respondent/defendant for the year 2020-2022. Along with the notification, the 2nd
respondent/defendant issued the rules and guidelines governing the election along
with the applications from 15.10.2020. The 2nd respondent/defendant affixed the
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rules and guidelines in the notification board of the 1st respondent/defendant
Society on 15.10.2020.
(iii) In the notification, it has been specifically mentioned in Clause
No.2 that as per Bye-Law 13 of the Tamil Film Producers Council, only those
members who have produced and released a Tamil Straight Picture in the last five
years, are eligible to seek and file nomination to contest in the election of Office
Bearers.
(iv) Contrary to the guidelines given by the 2nd respondent/defendant,
the 3rd, 4th and 5th respondents/defendants herein filed their nominations for the
post of Honorary Secretary, Treasurer and Vice-President respectively.
Respondents 3 to 5, do not possess the prescribed qualification. In this regard, the
applicants/plaintiffs and several others have raised objection against the
nomination filed by the
