1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.11.2011 CORAM THE HONOURABLE MR.JUSTICE V.RAMASUBRAMANIAN W.P (MD)No.13331 of 2011 and M.P (MD) No.1 of 2011 S.Gurunathan ... Petitioner Versus 1. S.Veera Kamu Aasan 2. Sethuraman 3. Dharveesmydeen 4. District Register, (Societies Registration), Madurai South, Palace Road, Madurai. 5. Commissioner of Police, Madurai City, Surveyor Colony, Madurai. 6. Inspector of Police, (Law and Order), C3 – Police Station, S.S.Colony, Ellis Nagar, Madurai. ... Respondents PRAYER : Writ petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the respondents to provide adequate police protection for the entire election process namely nomination from 03.12.2011 to voting on 11.12.2011 and counting on that date itself as per representation given to the fifth and sixth respondent dated 16.11.2011. For Petitioner : Mr.A.Shahul Hameed For RR 4 to 6 : Mr.K.P.Krishnadoss Government Advocate O R D E R The petitioner has come up with the above Writ Petition, seeking a Mandamus to direct the respondents 5 and 6 to grant police protection for conducting an Election of a Society registered under the Tamil Nadu Societies Registration Act. https://hcservices.ecourts.gov.in/hcservices/ 2 2. Heard Mr.A.Shahul Hameed, learned Counsel for the petitioner. Mr.K.P.Krishnadoss, learned Government Advocate takes notice for the respondents 4 to 6. 3. The first respondent herein already filed a Writ Petition in W.P.No.8786 of 2010, on the file of this Court seeking a direction to the Official respondents to take action in terms of the provisions of Section 36-A of the Tamil Nadu Societies Registration Act, 1975. But the said Writ Petition was dismissed by this Court by a judgment dated 16.03.2011, directing the first respondent herein to go to the civil Court. The same logic applies even to the petitioner. 4. The petitioner has also filed a suit in O.S.No.684 of 2011, on the file of the District Munsif Court, Madurai, as against the respondents 2 and 3 herein. The prayer in the suit is for a permanent injunction restraining the defendants therein (respondents 2 and 3 herein) from interfering with the further proceedings of the proposed General Body Election process. 5. A bare perusal of the prayer made by the petitioner himself in O.S.No.684 of 2011, on the file of the civil Court would show that it overlaps with the prayer in the present Writ Petition. The prayer made in the suit is extracted as follows:- “a) granting permanent injunction restraining the defendants their men and agent from any way interfering into the further proceedings of proposed General Body election process Meeting to be held on or before 11.12.2011; b) granting permanent injunction restraining the defendants their men and agent from any way interfering into the Administrative functions of the newly elected officer bearers of the plaintiffs' Association at No.6, T.B.Road, Madurai-10, Association Office Premises on or before and after 11.12.2011; c) directing the contesting defendants to pay the cost of this suit. 6. In view of the fact that a civil suit is also pending at the instance of the very petitioner herein against the respondents 2 and 3, for a prayer which overlaps and is also a little larger than the relief sought in the present Writ Petition, the petitioner ought to have gone before the same civil Court for the very same prayer by way of Interlocutory Application. The petitioner admits that he has also filed an Interlocutory Application. After working out his remedies before the civil Court, the petitioner cannot file the Writ Petition. Hence, the Writ Petition is dismissed. The civil Court before whom the Interlocutory Application is pending, shall take it up and try to dispose it of before the date of the General Body Election. Consequently, connected Miscellaneous Petition is closed. No costs. Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ 3 To 1. District Register, (Societies Registration), Madurai South, Palace Road, Madurai. 2. Commissioner of Police, Madurai City, Surveyor Colony, Madurai. 3. Inspector of Police, (Law and Order), C3 – Police Station, S.S.Colony, Ellis Nagar, Madurai. +2cc to Mr.A.Sahul Hameed, Advocate, Sr.No.41198 ps ssk/24.11.2011 /6c -3p/- W.P (MD)No.13331 of 2011 24.11.2011 https://hcservices.ecourts.gov.in/hcservices/