S THANU Vs. TAMIL FILM PRODUCERS COUNCIL

JUDGEMENT

(1.) This Original Side Appeal has been directed as against the Order of the learned Single Judge passed in Original Application No. 675 of 2013 in C.S. No. 606 of 2013, declining injunction to restrain Respondents 2 to 7 from taking charge of the posts of Office Bearers of the First Respondent, namely, 'Tamil Nadu Film Producers Council' and discharge their duties. There were ranging controversy with regard to the conducting of election to the various posts in the First Respondent-Council. In C.S. No. 436 of 2013, conducting of the election for the period from 2013 to 2015 was ordered. Hon'ble Mr. Justice S. Jagadeesan and Hon'ble Mr. Justice K. Venkataraman, former Judges of this Court, were appointed as Hon'ble Judge-Commissioners, to conduct the election. With the consent of all, certain Guidelines for conducting the election was issued. The election was held on 7.9.2013. Results were declared. Respondents 2 to 7 were elected to various offices of the First Respondent-Council.

(2.) The Appellant herein filed C.S. No. 606 of 2013 for declaration that the said election is null and void and set aside the same alleging various malpractices and for consequential injunction restraining Respondents 2 to 7/Defendants 2 to 7 from taking charge of the various offices in the First Respondent/First Defendant and discharge the duties of their respective offices. Pending the Suit, the Application in O.A. No. 675 of 2013 has been filed by the Plaintiff seeking injunction.

(3.) After hearing both sides and perusing the materials produced, the learned Single Judge, concluded that this is not a fit case for grant of injunction. However, pointed out that the contentions raised by the Plaintiff necessarily has to be gone into on evidence during trial of the Suit. Thus, negatived the relief sought for. That is how the Plaintiff is before us.