R.Selvakumar Vs Kailash Colony Welfare Associations

1.Kailash Colony Welfare Association, Society registered under the T.N. Societies Registration Act, 1975, Represented by its Secretary, Mr.Muthukumar, 139/3, Kailash Colony, Anna Nagar Western Extension, Chennai – 101.

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2.The Executive Committee, Kailash Colony Welfare Association, Represented by its Secretary, 139/3, Kailash Colony, Anna Nagar Western Extension, Chennai – 101.

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3.Janardhana Reddy, President, Kailash Colony Welfare Association, 139/3, Kailash Colony, Anna Nagar Western Extension, Chennai – 101.

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4.S.Muthukumar, Secretary, Kailash Colony Welfare Association, 139/3, Kailash Colony, Anna Nagar Western Extension, Chennai – 101.

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5.R.Kumaresan, Election Officer, 114/18, Kailash Colony, Anna Nagar Western Extension, Chennai – 101.

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.... Defendants

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Prayer : Civil Suit filed under Order IV Rule 1 of OS Rules r.w. VII Rule 1 of CPC, 1908, may be pleased to pass a judgement and decree :

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(a) declaring that the resolutions passed in the General Body Meeting of the Kailash Colony Welfare Association, dated 10.12.2023, are ex facie illegal, invalid and non-est in law;

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(b) declaring that the election notification dated 14.12.2023 issued by the 5^th defendant for conduct of elections to the Executive Committee of the Kailash Colony Welfare Association is illegal and non-est in law;

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(c) granting a decree of perpetual injunction restraining the Executive Committee of the 1^st defendant Association and its office bearers or anyone acting under their authority from excluding nonresident owners from contesting elections to the Executive Committee of the 1^st defendant / Kailash Colony Welfare Association ;

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(d) granting a decree of mandatory injunction appointing an Advocate Commissioner to hold free and fair elections to the Executive Page 2 of 5

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Committee of the 1^st defendant / Kailash Colony Welfare Association in a transparent and time-bound manner ;

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(e) to award costs of the suit ;

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(f) granting such other reliefs as this Hon’ble Court may see fit and

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proper in the facts of the case.

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For Plaintiff : Mr.Govind Chandrasekhar

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For Defendants : Mr.R.Prabu

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JUDGMENT

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Today, when the matter is taken up for consideration, learned

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counsel appearing for the defendants filed objection for the Advocate Commissioner’s report and the learned counsel appearing for the plaintiff fairly conceded that nothing survives for adjudication in this case since already election was conducted.

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Recording the same, this Civil Suit is closed granting liberty to

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the plaintiff to file a fresh suit if any further cause of action arises. There shall be no order as to costs.

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The Advocate Commissioner filed a Memo for additional

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remuneration. The Advocate Commissioner shall be paid remuneration of Rs.30,000/- (Rupees Thirty Thousand Only) which shall be paid by the Association directly to the Commissioner within ten (10) days.

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17.12.2025

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Index: Yes/No Internet: Yes/No Speaking/Non-Speaking order mtl

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P.DHANABAL, J.