Santosh Kumar vs The Kerala Cricket Association
2021 Latest Caselaw 12470 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
             THE HONOURABLE MR.JUSTICE N.NAGARESH
    TUESDAY, THE 18TH DAY OF MAY 2021 / 28TH VAISAKHA, 1943
                    WP(C) NO. 8789 OF 2019
PETITIONER/S:

            SANTOSH KUMAR,
0




            AGED 50 YEARS
            S/O SREEKUMARA MENON, JAYAGOVIND,
            VALLULAVANGADU AMSOM AND DESOM, PANDIKADU,
            ERNADU TALUK, MALAPPURAM DISTRICT AND PERSON IN
            CHARGE OF THRISSUR DISTRICT CIRCKET ASSOCIATION
            AND REPRESENTATIVE TO KERALA CRICKET
            ASSOCIATION FOR MALAPPURAM DISTRICT.
            BY ADV S.SUJIN

RESPONDENT/S:

       1    THE KERALA CRICKET ASSOCIATION,
            KCA COMPLEX, TC 24/131(1), SASTHAMKOVIL ROAD,
            THYCADU, THIRUVANANTHAPURAM-695014.

       2    THE PRESIDENT,
            KERALA CRICKET ASSOCIATION, KCA COMPLEX, TC
            24/131(1), SASTHAMKOVIL ROAD, THYCADU,
            THIRUVANANTHAPURAM-695014.

       3    THE SECRETARY,
            KERALA CRICKET ASSOCIATION, KCA COMPLEX, TC
            24/131(1) ,SASTHAMKOVIL ROAD, THYCADU,
            THIRUVANANTHAPURAM-695014.

            BY ADVS.
            SRI.K.N.ABHILASH
            SRI.SUNIL NAIR PALAKKAT
            SRI P.DEEPAK(AMICUS CURIAE)

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 18.05.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P.(C) No.8789/2019
                                      :2:




                           N. NAGARESH, J.

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                      W.P.(C) No.8789 of 2019

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                Dated this the 18th day of May, 2021

                            JUDGMENT

~~~~~~~~~

The petitioner states that he is a member of

Governing Board of the first respondent-Kerala Cricket

Association (KCA). According to the petitioner, the KCA is a

charitable society registered under the Travancore-Cochin

Literary, Scientific, and Charitable Societies Act, 1955. The

respondents are trying to prolong the registration of bye-laws

which are in tune with the recommendations of the Lodha

Committee appointed by the Hon'ble Apex Court. The

respondents have indulged in maladministration and financial

irregularities. Now, the respondents are trying to oust the

petitioner from the Governing Board on untenable grounds. W.P.(C) No.8789/2019

2. The prayers made by the petitioner in the writ

petition is to quash Exts.P9 and P10. Exts.P9 and P10 are

notice and agenda of a Special General Body meeting of the

KCA scheduled to 23.03.2019.

3. The learned counsel for the KCA submitted that

the bye-laws could not be registered initially as the District

Registrar refused to do so on technical grounds. The KCA

thereupon filed W.P.(C) No.79/2019 in the Supreme Court

and pursuant to the directions of the Apex Court, the

bye-laws were registered on 20.03.2019.

4. The prayer of the petitioner in this writ petition is to

quash notice and agenda of KCA, which is a Society

registered under the Travancore-Cochin Literary, Scientific,

and Charitable Societies Act, 1955. This Court in W.P.(C)

No.19455/2008 has held that in such circumstances, writ

petition is not the remedy available to the petitioner.

The writ petition is therefore dismissed.

Sd/-

N. NAGARESH, JUDGE aks/17.05.2021 W.P.(C) No.8789/2019

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE COMMUNICATION NO.M1-

5800/18 13.9.2018 ISSUED BY THE DISTRICT REGISTRAR, THIRUVANANTHAPURAM TO THE 3RD RESPONDENT EXHIBIT P2 TRUE COPY OF THE LETTER DATED 18.11.2018 ISSUED BY THE PETITIONER TO COA FOR BCCI EXHIBIT P3 TRUE COPY OF THE COMPLAINT DATED NIL OF REMYA SANIL EXHIBIT P4 TRUE COPY OF THE COMPLAINT DATED 2.11.2018 MADE BY AN UN-NAMED EMPLOYEE OF APPOLLO DIMORA EXHIBIT P5 TRUE COPY OF THE SHOW CAUSE NOTICE DATED 3.12.2018 ISSUED TO THE PETITIONER BY KCA EXHIBIT P6 TRUE COPY OF THE REPLY DATED 8.12.2018 SUBMITTED BY THE PETITIONER TO EXT.P5 SHOW CAUSE NOTICE EXHIBIT P7 TRUE COPY OF THE E-MAIL COMMUNICATION DATED 10.12.2018 FORWARDING COPY OF THE COMPLAINTS EXHIBIT P8 TRUE COPY OF THE ORDER DATED 14.3.2019 PASSED BY THE HON'BLE SUPREME COURT IN WRIT PETITION (CIVIL) NO.79/2019 EXHIBIT P9 TRUE COPY OF THE NOTICE AND AGENDA ISSUED BY THE 1ST RESPONDENT ON 8.3.2019 EXHIBIT P10 TRUE COPY OF THE E-MAIL DATED 8.3.2019 FORWARDING THE NOTICE BY THE ASSOCIATION EXHIBIT P11 THE TRUE COPY OF THE JUDGMENT DATED 09.1.2009 IN WP(C)NO,19455/2008 OF THIS HON'BLE COURT.