IN THE COURT OF THE DISTRICT MUNISIF, CUDDALORE
O.S. No.
/2022
1) Siddantha Saiva Neri Mandram,
Thirupadripuliyur,
Represented by its Election officer,
Manoharan
2) Mani
………...
3) Selvaraj
Plaintiffs
Vs
1) Vairavel,
2) Kuppusamy ,
…..….....
Defendants
PLAINT FILED UNDER ORDER VII RULE 1 OF CPC
I.The Plaintiffs are:1)Siddantha Saiva Neri Mandram, Thirupadripuliyur, bearing Registration
No.87/1999, started commencement of its activities from 27.12.1998, actively
promoting Siddantha Saiva Neri, upliftment of Tamil language and Social
development, Represented by its Election officer, Manoharan, S/o.
Hindu aged about 60 having its office at Thirupadripuliyur, Cuddalore-2.
2)Mani, S/o.Thangavelu, Hindu aged about President of Siddantha Saiva Neri
Mandram, Thirupadripuliyur, Cuddalore - 2
3)Selvaraj, S/o.
, Hindu aged about
Secretary, Siddantha Saiva Neri
Mandram, Thirupadripuliyur, Cuddalore.
The Address for Service
N.SIVAGURUNATHAN, B.A.,B.L.,
N.V.SIVAKUMAR, B.A.,B.L.,
V.S.SHEEBARETHU, B.A.,B.L.,
V.S.SUBASHCHAKKARAVARTHI, B.A.,B.L.,
Advocates,
Cuddalore.
II.The Defendants are:- 1) Vairavel, S/o.
Hindu, aged about
and
Ex.President of Siddantha Saiva Neri Mandram, Thirupadripuliyur, Cuddalore –
2 residing at No.10/4, Appar Salai, Puduvandipalayam, Cuddalore.
2) Kuppusamy, S/o.Ganesh, Indian, Hindu, aged about
Ex.Secretary,
Siddantha Saiva Neri Mandram, Thirupadripuliyur, Cuddalore – 2 residing at
No.111, Saravana Nagar, Thirupadripuliyur, Cuddalore.
III. 1) The 1st plaintiff is election officer, 2nd plaintiff is the president and 3rd
plaintiff is the Secretary who is representing for and on behalf of Siddantha
Saiva Neri Mandram, Thirupadripuliyur, an Organization, bearing Registration
No.87/1999, started commencement of its activities from 27.12.1998, actively
promoting Siddantha Saiva Neri, upliftment of Tamil language and Social
development,
2) The plaintiffs humbly submit that the 2nd and 3rd plaintiffs are the
newly elected office bearers of 2022 to 2023 of the Siddantha Saiva Neri
Mandram, Thirupadripuliyur, Cuddalore and are carrying out its day-to-day
functions according to the guidelines framed in the Bye Laws of the Siddantha
Saiva Neri Mandram, Thirupadripuliyur, Cuddalore. The 1st defendant herein,
who is the Ex.President and 2nd defendant herein, Who is the Ex.Secretary also
of the said Siddantha Saiva Neri Mandram, Thirupadripuliyur, Cuddalore.
3) The plaintiffs submit that the Bye-Laws of the said organization
clearly stipulates regarding election in page no.29:
Nju;jy; elj;JtJ Fwpj;j newpKiw
Nju;jy; xU [dehaf newpKiw – ek;ik ehk; Mz;LnfhsSk; topKiw- vdNt
cWg;gpdu;fs; midtUk; thf;fspf;f Kd;tu Ntz;Lk;.
xU Nju;jy; elj;jp ,uz;L Mz;Lfs; Kbe;j epiyapy; Gjpa nghWg;ghsu;fis
[dehaf Kiwg;gbj; Nju;e;njLf;f nraw;FO (m) nghJf; FO [tu; mlq;fpa ‘Nju;jy;;
FO’it epakpf;f Ntz;Lk;. Nju;jYf;F MFk; nghUl; nryTfisr; rq;fk;jhd; Vw;f
Ntz;Lk;. Kd;gzkhf &.2>000/- tiu Nju;jy; FOj; jiythplk; je;J top KiwfisAk;>
Nju;jy; elj;Jtjw;fhd newpKiwfisAk; rq;fk; tFj;Jj; juNtz;Lk;.
Vw;fdNt> cs;s KiwfisAk; gpd;gw;wyhk;:
1.rq;fg; nghWg;ghsu;fs; 7 NgiuAk; Nju;Tr; nra;ak; nghWg;G midj;J
cWg;gpdu;fisAk; rhUk;.
2.FOj;jiytu;fs;/nraw;FO cWg;gpdu;fs; 7 NgiuAk; rk;ge;jg;gl;lf; FOj;
jiytu;fs;> FO cWg;gpdu;fisf; nfhz;L [dehaf Kiwg;gb Nju;Tr; nra;J rq;fj;jpw;F
mspf;f Ntz;Lk;.
3.tho;ehs; cWg;gpdu;fs; kw;Wk; ,uz;L Mz;Lfs; jilapy;yhky; njhlu;e;J
re;jh nrYj;jpa cWg;gpdHfs; kl;LNk Xl;Lhpik ngw;wtuhtu;. NjHjy; rkaj;jpy;
NrUk; Gjpa cWg;gpdu;fSf;F ,t;Thpik fpilahJ.
4.cWg;gpdu; gl;bay;> Ntl;ghsu; gl;bay;> Nju;jy; ehs; Mfpatw;iw
cWg;gpdu;fs; kw;Wk; Ntl;ghsu;fSf;F chpa Neuj;jpy; (gpg;uthpapy; mwptj;J
khu;r; 20-f;Fs; Kbf;f Ntz;Lk;) Nju;jiyr; rpwg;ghf elj;jpj;ju Ntz;baJ ‘Nju;jy;
FOtpd;’ flikahFk;.
5.Nju;jy; FOtpd; KbNt ,WjpahdJ.
Since the Bye Laws are very clearly stipulating that the decisions of the
organizations to be jointly taken along with the members, it is a clear deviation
of the Bye Laws by the defendants.
4)The plaintiffs further submit that the defendant tenure was completed
on February 2022. The plaintiffs submits that General body meeting was
conveyed on 12.01.2022 regarding to elect new office bearer by the defendants,
in that meeting resolution was passed that the 1st plaintiff and others were
nominated as election officer to conduct election of Siddanth Saiva
Nerimandram, Thirupadripuliyur.
The 1st plaintiff and others conducted
election on 24.03.2022, declared that the 2nd and 3rd plaintiff and others was
elected as new office bearer. The 2nd and 3rd plaintiffs taken charge on
24.03.2022 Siddantha Saiva Neri Mandram, Thirupadripuliyur, Cuddalore. The
defendants had not disclosed user I.D. and password details to the plaintiffs.
While so the defendants in the capacity office bearer of the above said Sangam,
with an ulterior and malafide intention, individually without having any
knowledge of the plaintiffs herein, the defendants who are the members of the
Sangam on 18.05.2022 at about 4.00 p.m.an urgent general body meeting of the
members of the Siddantha Saiva Neri Mandram, Thirupadripuliyur, Cuddalore
was convened and resolution was passed regarding election of new office
bearer. The defendants conducted election on 25.05.2022 declared new office
bearer of Siddantha Saiva Neri Mandram, Thirupadripuliyur, Cuddalore. The
defendants had no right to conduct general body meeting, that the defendants
had deviated the guidelines framed under the Bye Laws of the Siddantha Saiva
Neri Mandram, Thirupadripuliyur, Cuddalore , which amounts to criminal
breach of trust. The acts of the defendants are high handed, illegal and
ultravirus. Hence the plaintiff is constrained to file the suit for permanent
injunction against the defendants.
IV. The plaintiff submits that the cause of action for the suit arose on
27.12.1998 when Siddanth Saiva Nerimandram, Thirupadripuliyur started
commencement of its activities and 18.05.2022 when the defendants deviation
of the Bye Laws of Siddantha Saiva Neri Mandram, Thirupadripuliyur,
Cuddalore all within the territorial jurisdiction of this Court.
V.The Plaintiffs values the suit at Rs.
/- and pays a court fee of Rs.
/- is under sec 27(C) of court fees act.
Details of Valuation
Suit for permanent injunction
Relief claims is not capable of valuation
Hence valuation is made of
Rs.
Court fee thereon is
Rs.
Under Sec 27(c) of Court fees Act.
//-
VI.The plaintiffs herein therefore prays that the court may be pleased to
grant a decree and judgment in favour of the plaintiff and against the defendants
i)
Pass a decree of permanent injunction restraining the defendants,
his men, agents, servants or any one from in any manner not to
carry out any further activities against by-laws of Siddantha Saiva
Neri Mandram, Thirupadripuliyur, Cuddalore.
ii)
Award cost,
iii)
To grant such other relief that may be deemed fit and proper in the
circumstance of the case in the interest of justice.
Advocate
Plaintiffs
We, the plaintiffs herein do hereby state and declare that what has been
stated above are all true and correct to the best of our knowledge, belief and
information.
Plaintiffs
Schedule of Property
Cuddalore Registration District, Cuddalore Joint-II Registrar, Siddantha
Saiva Neri Mandram, Thirupadripuliyur, bearing Registration No.87/1999,
started commencement of its activities from 27.12.1998.
Advocate
Plaintiffs
We, the plaintiffs herein do hereby state and declare that what has been
stated above are all true and correct to the best of my knowledge, belief and
information.
Plaintiffs
DOCUMENTS FILED BY THE PLAINTIFFS UNDER
ORDER VII RULE 14 (1) C.P.C
1.
Bye-law of Siddantha Saiva Neri Mandram,
2.12.01.2022
3.24.03.2022
4.18.05.2022
5.25.05.2022
Thirupadripuliyur.
Resolution copy of general body meeting convened by
defendants.(Xerox)
Newly elected office bearer declared by election officer.
(Xerox)
Pamplet copy of general body meeting convened by
defendants. (Xerox)
Office bearer declared by election officer by defendants.
(Xerox)
Advocate
Name and address of plaintiffs
1.Siddantha Saiva Neri Mandram,
Thirupadripuliyur,
bearing Registration No.87/1999,
started commencement of its
activities from 27.12.1998,
actively promoting Siddantha Saiva Neri,
upliftment of Tamil language and
Social development, Represented by
its Election officer, Manoharan, S/o.
Thirupadripuliyur, Cuddalore-2.
2. Mani,
S/o.Thangavelu,
President of Siddantha Saiva Neri Mandram,
Thirupadripuliyur,
Cuddalore - 2
3.Selvaraj,
S/o. ,
Secretary, Siddantha Saiva Neri Mandram,
Thirupadripuliyur,
Cuddalore.
Name and address of Defendants
1.Vairavel,
S/o.
Ex.President of Siddantha Saiva Neri Mandram,
Thirupadripuliyur, Cuddalore – 2
No.10/4, Appar Salai,
Puduvandipalayam,
Cuddalore.
2.Kuppusamy, S/o.Ganesh,
Ex.Secretary, Siddantha Saiva Neri Mandram,
Thirupadripuliyur, Cuddalore – 2
No.111, Saravana Nagar,
Thirupadripuliyur,
Cuddalore.
Advocate