High Court · 2023

O.S.A.No.214 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 26.06.2025CORAM :THE HONOURABLE DR.JUSTICE ANITA SUMANTHandTHE HONOURABLE MR.JUSTICE N.SENTHILKUMAR O.S.A.No. 214 of 2025 & C.M.P.No. 14032 of 2025andC.M.P.No. 9593 of 2025 & O.S.A.Sr.No. 52952 of 2025O.S.A.No.214 of 20251.M.Ramalingam2.R.T.Kannan3.R.Radhakrishnan4.S.Alagesan.. Appellantsvs1.M/s. South Indian Senguntha Mahajana Sangam Rep. by its General Secretary, R.P.Kumaragurubaran, No.58, Armenian Street, Chennai – 600 001.

2.Mr.K.P.K.Selvaraj, President, South Indian Senguntha Mahajana Sangam, No.58, Armenian Street, Chennai – 600 001.

3.R.P.Kumaragurubaran, General Secretary, South Indian Senguntha Mahajana Sangam, No.58, Armenian Street, Chennai – 600 001.

4.R.Gandhi,1/11 https://www.mhc.tn.gov.in/judis O.S.A.No.214 of 2025 Treasurer, South Indian Senguntha Mahajana Sangam, No.58, Armenian Street, Chennai – 600 001.

5.M.E.Jayaraman6.J.Babu7.M.Mylappan8.V.Ramdas9.R.Dhandapani10.R.Rajendran11.T.P.S.Saravanan12.A.Annadurai13.Gnanasekaran14.S.Karthikeyan15.N.Adithiya16.P.G.Ramanathan17.Prabhoji Thiruvottiyur Sengunthar Mahajana Sangam Thiruvottiyur, Chennai – 600 019. .. RespondentsPrayer : Appeal filed under Order XXXVI Rule 2 of the O.S. Rules read with Clause 15 of Letters Patent against order dated 17.03.2025 in Appl. No. 4612 of 2023 in C.S.No. 173 of 2023. For Appellants:Ms.G.Thilagavathy, Senior Counselfor Mr.D.KanagasundaramFor Respondents:Mr.Muralikumaran, Senior Counselfor Mr.S.Sathish Rajanfor R1 to R42/11 https://www.mhc.tn.gov.in/judis O.S.A.No.214 of 2025 ANDC.M.P.No. 9593 of 2025 & O.S.A.Sr.No. 52952 of 2025P.T.Rajan.. Appellant / Third partyvs1.M.Ramalingam2.R.T.Kannan3.R.Radhakrishnan4.S.Alagesan5.M/s. South Indian Sengundha Mahajana Sangam Rep. by its General Secretary, R.P.Kumaragurubaran, No.58, Armenian Street, Chennai – 600 001.

6.K.P.K.Selvaraj7.R.P.Kumaragurubaran, General Secretary, No.58, Armenian Street, Chennai – 600 001.

8.R.Gandhi, Treasurer, South Indian Senguntha Mahajana Sangam, No.58, Armenian Street, Chennai – 600 001.

9.M.E.Jayaraman10.J.Babu11.M.Mylappan12.V.Ramdas13.R.Dhandapani14.R.Rajendran15.T.P.S.Saravanan16.A.Annadurai17.Gnanasekaran18.S.Karthikeyan19.N.Adithiya3/11 https://www.mhc.tn.gov.in/judis O.S.A.No.214 of 2025 20.P.G.Ramanathan21.Prabhoji Thiruvottiyur Sengunthar Mahajana Sangam Thiruvottiyur, Chennai – 600 019. .. RespondentsFor Appellant:Ms.Dakshayani Reddy, Senior Counselfor Mr.P.RajavelFor Respondents:Ms.G.Thilagavathy, Senior Counselfor Mr.Kanagasundaram,for R1 to R4Mr.N.Muralikumaran, Senior Counselfor Mr.S.Sathish Rajanfor R5 to R8No appearance for R9, 11 to 20R10 & R21 to be servedCOMMON JUDGMENT(Delivered by Dr. ANITA SUMANTH.,J)This order disposes O.S.A.No.214 of 2025 and a petition to grant leave in C.M.P.No. 9593 of 2025 and O.S.A.Sr.No. 52952 of 2025.

2.The identity of the appellants and the petitioners in the petition to grant leave is one and the same. They are the plaintiffs in C.S.No.173 of 2023, presently pending before the learned Single Judge. The prayers therein are as follows:-4/11 https://www.mhc.tn.gov.in/judis O.S.A.No.214 of 2025 “(i) To delcare that Resolution No.15 dated 3-10-2022 passed in Tirupur 20th State Conference meeting as published in Senguntha Mitharn, Chennai, Issue No.1 January 2023 at Page 30, enabling Defendant 2 to 4 to continue as office bearer beyond their 3 years tenure is exfacie illegal and null and void and unenforceable in law;(ii) Consequently grant Permanent Injunction restraining Defendants 2 to 4 from interfering with the affairs of the First Defendant Sangam in any manner;(iii) To appoint Election Officer to conduct a Fresh Election to the Office Bearers of the First Defendant Sangam by convening AGM to amend the Bye Laws for enumeration of Branch office, district office eligible number of representatives to executive committee of the First Defendant Sangam;(iv) To appoint Adhoc committee amongst the members of the 1st Defendant sangam to assist and facilitate the function of the Election officer;(v) Mandatory injunction directing the Defendants 2 to 4 to handover the management and control including rendering of accounts of the 1st Defendant Sangam to the Adhoc Committee;(vi) To Declare Resolution No.21 dated 3-10-2022 passed in Tirupur 20th State Conference as published in Senguntha Mithran, Chennai, Issue No.1 January 2023 at Page 31 and 32 regarding removal of members is exfacie illegal and null and void;(vii) To declare that the appointment of D-5 to D-17 as organisers of 1st Defendant Sangam as published in official magazine Senguntha Mithran, at Chennai, Issue No.4 April 2023 at Pages 36 and 37 is exfacie illegal and violative of Rule of procedure and opposed to bye laws of the 1st Defendant Sangam;(viii) To pay the costs of the suit;(ix) Grant such further or other reliefs in the facts 5/11 https://www.mhc.tn.gov.in/judis O.S.A.No.214 of 2025 and circumstances of the Case as this Hon'ble Court may deem fit and proper and thus render justice.

3.They are aggrieved by a resolution dated 03.10.2022, as per which, the defendants suit / respondents in OSA have been permitted to continue as office bearers beyond their tenure of three years and have sought various other relief as well.

4.The detailed submissions of Ms.G.Thilagavathy, learned Senior Counsel for Mr.D.Kanagasundaram, for appellant in OSA No. 214 of 2025; Ms.Dakshayani Reddy, learned Senior Counsel for Mr.Rajavel, for petitioner / appellant in C.M.P.No.9593 of 2025 and Mr.Muralikumaran, learned Senior Counsel,for Mr.Sathish Rajan, for M/s. South Indian Sengutha Mahajana Sangam (Sangam) and the private respondents i.e., R1 to R4 in OSA No. 214 of 2025 & R5 to R8 in CMP No. 9593 of 2025, who have presently been inducted into the board in the recently concluded elections.

5.The prayer of the appellants and the petitioners is wholly premised on an order passed by Dr.G.Jayachandran,J. in Application Nos. 5685, 4698, 4117 & 4538 of 2024 in C.S.No.173 of 2023 on 11.11.2024. The prayer in these applications are as follows:-Prayer in A.No: 5685 2024 To implead the Applicants as Defendants 18 to 21 in C.S.No.173 of 6/11 https://www.mhc.tn.gov.in/judis O.S.A.No.214 of 2025 2023.Prayer in A.No. 4698 of 2024 : To implead the applicant as Defendant to the suit in C.S.No.173 of 2023.Prayer in A.No. 4117 of 2024: To implead the applicants as 18th to 20th Defendants in the above suit in C.S.No.173 of 2023.Prayer in A.No. 4538 of 2024: To implead the applicants as defendants in the above suit in C.S.No.173 of 2023.

6.While deciding those applications, at paragraph 5, the learned Judge states as follows:- “5. The inference of the Election Officer in Paragraph No.49 of his interim report and the suggestion by him in Paragraph. No.50 on cumulative consideration in the light of the implead petitions requires clarifications to the effect that election to the apex body may be held with the 2020 electorate by including the members who have been placed under suspension. Since this association consists more than 16,000 members and it is stated across the bar that about 16 members were expelled and grievance was only in respect of those 16 members who, according to the Election officers, may be excluded from participating in the election, however the expulsion itself is questioned now, no prejudice will be caused to first defendant's sangam if they are allowed to participate in election process.” 7.The appellants/petitioners would harp upon the fact that the learned Judge has permitted them 'to participate in the election process'. It is not as simple as that. Participation in the election process would involve reinstatement of the appellants / petitioners into the Executive 7/11 https://www.mhc.tn.gov.in/judis O.S.A.No.214 of 2025 Committees of District Sangam in order that they may constitute the electorate from which members will be appointed to the apex sangam.

8.We are of the considered view having heard all learned counsel that it is impracticable, at this distance of time to put the clock so far back. This is for the reason that the election is itself complete as of now and the results have been declared in the month of March,2025. The present appeal / petition have been filed only in June, 2025. Perhaps something might have been possible to allay their grievances if they had come in a timely fashion, but it is too late in the day now.

9.The appellants / petitioners express serious apprehensions and grievances in regard to the functioning of the sangam and have also drawn our attention to the report of the District Registrar and the observations therein that the members who have been re-appointed have appropriated significant amounts to the tune of Rs.1 crore.

10.Hence by consent of the parties, we grant the reliefs under C.M.P.No. 14032 of 2025, partially, and in the following terms:-(i) Since the election is complete and it is the present elected members who are at the helm of sangam, the question of restraining them from does not arise. 8/11 https://www.mhc.tn.gov.in/judis O.S.A.No.214 of 2025 (ii) The question of restraining them from operating the funds of the sangam also does not arise as this would have hamper day to day operations. However, we direct the sangam to file quarterly accounts in the court in order that there may be a check in respect of receipts and payments.(iii) We also injunct the sangam from dealing, by way of sale or alienation, with the two properties at (i) Vallal Sabapathy Matriculation School, Chetpet and (ii) D.No. 58, Armenian Street, Chennai – 600 001 11.In light of this order, we see no reason to grant leave in C.M.P.No.9593 of 2025 and the same is closed. Consequently, Original Side Appeal (O.S.A.Sr.No. 52952 of 2025) is closed at SR stage.

12.O.S.A.No. 214 of 2025 is disposed in terms of this order. No costs. Connected miscellaneous petition is closed.

13.Since both parties request a time frame to be fixed for disposal of suit, which is pending before this Court, the learned Single Judge is requested to complete the suit and dispose the same within six (6) months form date of receipt of a copy of this order. 9/11 https://www.mhc.tn.gov.in/judis O.S.A.No.214 of 2025 [A.S.M., J] [N.S., J] 26.06.2025Index:Yes/NoNeutral Citation:YesssmToThe Sub Assistant Registrar,Original Side,High Court, Madras. 10/11 https://www.mhc.tn.gov.in/judis O.S.A.No.214 of 2025 DR. ANITA SUMANTH, J.andN.SENTHILKUMAR, J.ssmO.S.A.No. 214 of 2025 & C.M.P.No. 14032 of 2025andC.M.P.No. 9593 of 2025 & O.S.A.Sr.No. 52952 of 202526.06.202511/11

O.S.A.No.214 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 26.06.2025CORAM :THE HONOURABLE DR.JUSTICE ANITA SUMANTHandTHE HONOURABLE MR.JUSTICE N.SENTHILKUMAR O.S.A.No. 214 of 2025 & C.M.P.No. 14032 of 2025andC.M.P.No. 9593 of 2025 & O.S.A.Sr.No. 52952 of 2025O.S.A.No.214 of 20251.M.Ramalingam2.R.T.Kannan3.R.Radhakrishnan4.S.Alagesan.. Appellantsvs1.M/s. South Indian Senguntha Mahajana Sangam Rep. by its General Secretary, R.P.Kumaragurubaran, No.58, Armenian Street, Chennai – 600 001.

2.Mr.K.P.K.Selvaraj, President, South Indian Senguntha Mahajana Sangam, No.58, Armenian Street, Chennai – 600 001.

3.R.P.Kumaragurubaran, General Secretary, South Indian Senguntha Mahajana Sangam, No.58, Armenian Street, Chennai – 600 001.

4.R.Gandhi,1/11 https://www.mhc.tn.gov.in/judis O.S.A.No.214 of 2025 Treasurer, South Indian Senguntha Mahajana Sangam, No.58, Armenian Street, Chennai – 600 001.

5.M.E.Jayaraman6.J.Babu7.M.Mylappan8.V.Ramdas9.R.Dhandapani10.R.Rajendran11.T.P.S.Saravanan12.A.Annadurai13.Gnanasekaran14.S.Karthikeyan15.N.Adithiya16.P.G.Ramanathan17.Prabhoji Thiruvottiyur Sengunthar Mahajana Sangam Thiruvottiyur, Chennai – 600 019. .. RespondentsPrayer : Appeal filed under Order XXXVI Rule 2 of the O.S. Rules read with Clause 15 of Letters Patent against order dated 17.03.2025 in Appl. No. 4612 of 2023 in C.S.No. 173 of 2023. For Appellants:Ms.G.Thilagavathy, Senior Counselfor Mr.D.KanagasundaramFor Respondents:Mr.Muralikumaran, Senior Counselfor Mr.S.Sathish Rajanfor R1 to R42/11 https://www.mhc.tn.gov.in/judis O.S.A.No.214 of 2025 ANDC.M.P.No. 9593 of 2025 & O.S.A.Sr.No. 52952 of 2025P.T.Rajan.. Appellant / Third partyvs1.M.Ramalingam2.R.T.Kannan3.R.Radhakrishnan4.S.Alagesan5.M/s. South Indian Sengundha Mahajana Sangam Rep. by its General Secretary, R.P.Kumaragurubaran, No.58, Armenian Street, Chennai – 600 001.

6.K.P.K.Selvaraj7.R.P.Kumaragurubaran, General Secretary, No.58, Armenian Street, Chennai – 600 001.

8.R.Gandhi, Treasurer, South Indian Senguntha Mahajana Sangam, No.58, Armenian Street, Chennai – 600 001.

9.M.E.Jayaraman10.J.Babu11.M.Mylappan12.V.Ramdas13.R.Dhandapani14.R.Rajendran15.T.P.S.Saravanan16.A.Annadurai17.Gnanasekaran18.S.Karthikeyan19.N.Adithiya3/11 https://www.mhc.tn.gov.in/judis O.S.A.No.214 of 2025 20.P.G.Ramanathan21.Prabhoji Thiruvottiyur Sengunthar Mahajana Sangam Thiruvottiyur, Chennai – 600 019. .. RespondentsFor Appellant:Ms.Dakshayani Reddy, Senior Counselfor Mr.P.RajavelFor Respondents:Ms.G.Thilagavathy, Senior Counselfor Mr.Kanagasundaram,for R1 to R4Mr.N.Muralikumaran, Senior Counselfor Mr.S.Sathish Rajanfor R5 to R8No appearance for R9, 11 to 20R10 & R21 to be servedCOMMON JUDGMENT(Delivered by Dr. ANITA SUMANTH.,J)This order disposes O.S.A.No.214 of 2025 and a petition to grant leave in C.M.P.No. 9593 of 2025 and O.S.A.Sr.No. 52952 of 2025.

2.The identity of the appellants and the petitioners in the petition to grant leave is one and the same. They are the plaintiffs in C.S.No.173 of 2023, presently pending before the learned Single Judge. The prayers therein are as follows:-4/11 https://www.mhc.tn.gov.in/judis O.S.A.No.214 of 2025 “(i) To delcare that Resolution No.15 dated 3-10-2022 passed in Tirupur 20th State Conference meeting as published in Senguntha Mitharn, Chennai, Issue No.1 January 2023 at Page 30, enabling Defendant 2 to 4 to continue as office bearer beyond their 3 years tenure is exfacie illegal and null and void and unenforceable in law;(ii) Consequently grant Permanent Injunction restraining Defendants 2 to 4 from interfering with the affairs of the First Defendant Sangam in any manner;(iii) To appoint Election Officer to conduct a Fresh Election to the Office Bearers of the First Defendant Sangam by convening AGM to amend the Bye Laws for enumeration of Branch office, district office eligible number of representatives to executive committee of the First Defendant Sangam;(iv) To appoint Adhoc committee amongst the members of the 1st Defendant sangam to assist and facilitate the function of the Election officer;(v) Mandatory injunction directing the Defendants 2 to 4 to handover the management and control including rendering of accounts of the 1st Defendant Sangam to the Adhoc Committee;(vi) To Declare Resolution No.21 dated 3-10-2022 passed in Tirupur 20th State Conference as published in Senguntha Mithran, Chennai, Issue No.1 January 2023 at Page 31 and 32 regarding removal of members is exfacie illegal and null and void;(vii) To declare that the appointment of D-5 to D-17 as organisers of 1st Defendant Sangam as published in official magazine Senguntha Mithran, at Chennai, Issue No.4 April 2023 at Pages 36 and 37 is exfacie illegal and violative of Rule of procedure and opposed to bye laws of the 1st Defendant Sangam;(viii) To pay the costs of the suit;(ix) Grant such further or other reliefs in the facts 5/11 https://www.mhc.tn.gov.in/judis O.S.A.No.214 of 2025 and circumstances of the Case as this Hon'ble Court may deem fit and proper and thus render justice.

3.They are aggrieved by a resolution dated 03.10.2022, as per which, the defendants suit / respondents in OSA have been permitted to continue as office bearers beyond their tenure of three years and have sought various other relief as well.

4.The detailed submissions of Ms.G.Thilagavathy, learned Senior Counsel for Mr.D.Kanagasundaram, for appellant in OSA No. 214 of 2025; Ms.Dakshayani Reddy, learned Senior Counsel for Mr.Rajavel, for petitioner / appellant in C.M.P.No.9593 of 2025 and Mr.Muralikumaran, learned Senior Counsel,for Mr.Sathish Rajan, for M/s. South Indian Sengutha Mahajana Sangam (Sangam) and the private respondents i.e., R1 to R4 in OSA No. 214 of 2025 & R5 to R8 in CMP No. 9593 of 2025, who have presently been inducted into the board in the recently concluded elections.

5.The prayer of the appellants and the petitioners is wholly premised on an order passed by Dr.G.Jayachandran,J. in Application Nos. 5685, 4698, 4117 & 4538 of 2024 in C.S.No.173 of 2023 on 11.11.2024. The prayer in these applications are as follows:-Prayer in A.No: 5685 2024 To implead the Applicants as Defendants 18 to 21 in C.S.No.173 of 6/11 https://www.mhc.tn.gov.in/judis O.S.A.No.214 of 2025 2023.Prayer in A.No. 4698 of 2024 : To implead the applicant as Defendant to the suit in C.S.No.173 of 2023.Prayer in A.No. 4117 of 2024: To implead the applicants as 18th to 20th Defendants in the above suit in C.S.No.173 of 2023.Prayer in A.No. 4538 of 2024: To implead the applicants as defendants in the above suit in C.S.No.173 of 2023.

6.While deciding those applications, at paragraph 5, the learned Judge states as follows:- “5. The inference of the Election Officer in Paragraph No.49 of his interim report and the suggestion by him in Paragraph. No.50 on cumulative consideration in the light of the implead petitions requires clarifications to the effect that election to the apex body may be held with the 2020 electorate by including the members who have been placed under suspension. Since this association consists more than 16,000 members and it is stated across the bar that about 16 members were expelled and grievance was only in respect of those 16 members who, according to the Election officers, may be excluded from participating in the election, however the expulsion itself is questioned now, no prejudice will be caused to first defendant's sangam if they are allowed to participate in election process.” 7.The appellants/petitioners would harp upon the fact that the learned Judge has permitted them 'to participate in the election process'. It is not as simple as that. Participation in the election process would involve reinstatement of the appellants / petitioners into the Executive 7/11 https://www.mhc.tn.gov.in/judis O.S.A.No.214 of 2025 Committees of District Sangam in order that they may constitute the electorate from which members will be appointed to the apex sangam.

8.We are of the considered view having heard all learned counsel that it is impracticable, at this distance of time to put the clock so far back. This is for the reason that the election is itself complete as of now and the results have been declared in the month of March,2025. The present appeal / petition have been filed only in June, 2025. Perhaps something might have been possible to allay their grievances if they had come in a timely fashion, but it is too late in the day now.

9.The appellants / petitioners express serious apprehensions and grievances in regard to the functioning of the sangam and have also drawn our attention to the report of the District Registrar and the observations therein that the members who have been re-appointed have appropriated significant amounts to the tune of Rs.1 crore.

10.Hence by consent of the parties, we grant the reliefs under C.M.P.No. 14032 of 2025, partially, and in the following terms:-(i) Since the election is complete and it is the present elected members who are at the helm of sangam, the question of restraining them from does not arise. 8/11 https://www.mhc.tn.gov.in/judis O.S.A.No.214 of 2025 (ii) The question of restraining them from operating the funds of the sangam also does not arise as this would have hamper day to day operations. However, we direct the sangam to file quarterly accounts in the court in order that there may be a check in respect of receipts and payments.(iii) We also injunct the sangam from dealing, by way of sale or alienation, with the two properties at (i) Vallal Sabapathy Matriculation School, Chetpet and (ii) D.No. 58, Armenian Street, Chennai – 600 001 11.In light of this order, we see no reason to grant leave in C.M.P.No.9593 of 2025 and the same is closed. Consequently, Original Side Appeal (O.S.A.Sr.No. 52952 of 2025) is closed at SR stage.

12.O.S.A.No. 214 of 2025 is disposed in terms of this order. No costs. Connected miscellaneous petition is closed.

13.Since both parties request a time frame to be fixed for disposal of suit, which is pending before this Court, the learned Single Judge is requested to complete the suit and dispose the same within six (6) months form date of receipt of a copy of this order. 9/11 https://www.mhc.tn.gov.in/judis O.S.A.No.214 of 2025 [A.S.M., J] [N.S., J] 26.06.2025Index:Yes/NoNeutral Citation:YesssmToThe Sub Assistant Registrar,Original Side,High Court, Madras. 10/11 https://www.mhc.tn.gov.in/judis O.S.A.No.214 of 2025 DR. ANITA SUMANTH, J.andN.SENTHILKUMAR, J.ssmO.S.A.No. 214 of 2025 & C.M.P.No. 14032 of 2025andC.M.P.No. 9593 of 2025 & O.S.A.Sr.No. 52952 of 202526.06.202511/11