Document Fragment View

Matching Fragments

26.D.Abraham projected one P.Dhasan to file a suit against the Appellant/Defendant in O.S.No.463 of 2004 before the Learned Principal District Munsif, Kuzhithurai (mentioning the Plaintiffs in O.S.No.18 of 2004 in Sub Court, Nagercoil, as D2 to D5) and sought for an injunction restraining the Management of the Sangam and the Medical College. An I.A.No.389 of 2004 has been filed for interim injunction. But, the Court has not issued any orders in favour of P.Dhasan. Now, the proceedings are stayed by the Madurai Bench of this Court in C.M.P.No.657 in CRP No.140 of 2004.

27.The Revenue Divisional Officer, Padmanabhapuram initiated similar proceedings and called the Appellant to appear for enquiry on 20.09.2004. In W.P.No.2619 of 2004, the Madurai Bench of this Court on 19.10.2004 stayed the Revenue Divisional Officer's proceedings. Subsequently, the Revenue Divisional Officer dropped all further proceedings.

28.The Respondent/Plaintiff L.N.Noel Raj, suppressing the above facts, filed W.P.No.4500 of 2004 before the Madurai Bench of this Court as though he submitted his representation to the Superintendent of Police of Nagercoil on 07.09.2004 and he obtained an order dated 22.12.2004 behind his back directing the Superintendent of Police to consider his petition. Though the Appellant has been cited as the third respondent in the writ petition, no notice has been given to him before passing of the order.

29.The Appellant filed Review Petition No.7 of 2005 after coming to know the order dated 22.12.2004 passed in W.P.No.4500 of 2004 by the Madurai Bench of this Court. On 16.04.2005, the Review Petition has been admitted and in W.P.M.P.No.2954 of 2005, the order passed in the W.P.No.4500 of 2004 has been suspended. The Respondent/Plaintiff filed W.A.No.331 of 2005 and the same is pending.

30.Thereafter, the Respondent/Plaintiff projected another W.P.No.6432 of 2005 before the Madurai Bench of this Court seeking a direction for the issuance of a Writ of Mandamus, directing the police to give protection and assistance in safeguarding the interest of Sangam and forbearing the Appellant, his men, etc., in any manner interfering with the functioning and the management of the Sangam, the College and the properties. Also, W.P.M.P.No.6985 of 2005 has been filed praying for an order of injunction. The Respondent/Plaintiff has filed the present suit without any valid reason or cause of action.