Raju v Nand [2006] FJHC 25; HBC0015 & 46.2005B (26 January 2006)

IN THE HIGH COURT OF FIJI
AT LABASA
CIVIL JURISDICTION

CIVIL ACTION NO. 0015 OF 2005

Between:

RAM CHANDAR RAJU
s/o Yankanna
NAREND KRISHNA
s/o Subarmani Pillay
Plaintiffs

- and -

SHARDA NAND
s/o Kaliappa
KUP SAMI
s/o Shok Lingam
KRISHNA GOUNDAR
s/o Nadesa
VINESHWAN NARAYAN
s/o Yangtaiya
SUBARMANI
s/o Arjun
1st Defendants

- and –

THE ATTORNEY GENERAL OF FIJI
2nd Defendant

CIVIL ACTION NO. 0046 OF 2005

Between:

KRISHNA SAMI GOUNDAR
s/o Naressa Goundar
PRAKASH REDDY
s/o Subba Reddy
CHALLEN NAGA
s/o Naga
VINESHWAN NARAYAN
s/o Yangtaiya
Plaintiffs

- and -

NAREND KRISHNA
s/o Subarmani Pillay
RAM CHANDAR RAJU
s/o Yenkanna
YANGTAIYA
s/o Shiri Ram
PERMAL
s/o Manikam
LOG NADAN
s/o Pujali
LATCHMAN SAMI
s/o Narain Sami
ASHOK MANI GROUNDAR
s/o Manikam Goundar
MARIMUTTU
s/o Kaliappa
1st Defendants

ATTORNEY GENERAL OF FIJI
2nd Defendant

Counsel: For the Plaintiffs (46/05 and Defendants 15/05): A. Sen
For the Defendants (46/05 and Plaintiff 15/05): A. Haniff

Date of Hearing: 26th January 2006
Date of Order: 26th January 2006

ORDER

1. The Annual General Meeting of the Temple will take place on 19th February 2006 at 10.00 a.m. at the Temple.
   

This will be for the election of trustees and the executive council.

2. A neutral person designated by the Court will preside. A legally qualified representative of the Attorney General is to be present to assist.
   

The nominated person is to set an agenda and to distribute copies of it at the start of the Annual General Meeting.

3. The District Police Commander (Northern) is to provide security and ensure order.
   
4. No person may disrupt the meeting, cause trouble or show any dissent towards the nominated person.
   

Any person who disrupts the meeting, causes trouble or shows any dissent towards the nominated person may be arrested and brought before the Court to show cause why he or she should not be committed to prison for contempt or fined (The High Court will be sitting in Labasa from the 20th to 24th of February 2006).

5. Notices of the meeting are to be published in the Fiji Times and the Shanti Dut as soon as possible and in any event by 31st January 2006. The nominated person is to cause a notice of the Annual General Meeting to be displayed in a prominent place at the Temple at least seven days before the 19th of February.
   

The solicitors Gibson & Co. are to arrange for the notice to be placed in the Fiji Times. The solicitors Maqbool & Co. are to arrange for the notice to be placed in the Shanti Dut.

The notices are to read as follows:

“Notice

The Sangam Mahamarriamman Firewalking Temple

Annual General Meeting

By order of the High Court of the 26th of January 2006 Notice is given that the Annual General Meeting of the Sangam Mahararriamman Firewalking Temple will take place at the Temple on 19th of February at 10.00 a.m.

The purpose of the meeting is to elect the Trustees and Executive Council of the Temple for the year commencing on the 19th of February 2006.

The meeting will be presided over by a neutral person nominated by the High Court and assisted by a legally qualified representative of the Officer of the Attorney General.

An agenda will be set by the nominated person and distributed at the start of the meeting.

No person may disrupt the meeting or cause trouble or show any dissent towards the nominated person.

Any person who does so may be arrested and may be brought before the Court to show cause why he or she should not be committed to prison for contempt or fined.

(Note: The High Court will be sitting in Labasa from the 20th-24th of February 2006)

This notice is placed by Order of the Court by Messrs. Gibson & Co. and Messrs. Maqbool & Co./Messrs. Maqbool & Co. and Messrs. Gibson & Co.”

6. Issues of costs and alleged contempt of Court are adjourned to Labasa for the week of 20^th February 2006.
   

Dated 27th of January 2006

(R.J. Coventry)
JUDGE