Kerala High Court
N.R.Anilkumar vs Chess Association Kerala on 14 June, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
Tuesday, the 14th day of June 2022 / 24th Jyaishta, 1944
IA.NO.2/2022 IN WA NO. 11 OF 2018
AGAINST JUDGMENT DATED 16-11-2017 IN WPC 36083/2017 OF THIS COURT
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PETITIONER/1ST RESPONDENT/WRIT PETITIONER:
CHESS ASSOCIATION CENTRE,REP.BY ITS GENERAL SECRETARY,VISWANATHAN
V.N.,AGED 60,S/O.LATE NARAYANAN,VADASSERY HOUSE,IKANCHICHAR
P.O.,KANNUR DISTRICT-670 674.
RESPONDENTS/APPELLANT & RESPONDENTS 2 & 3:
1.CHESS ASSOCIATION KERALA ,REP.BY ITS GENERAL SECRETARY,N.R.ANIL
KUMAR,FUNCTIONING AT ARYATTUPARAMBIL BUILDING,BEHIND ANDHRA
BANK,KANJIKUZHY,KOTTAYAM,PIN-686 004.
2.KERALA STATE SPORTS COUNCIL,REP.BY ITS SECRETARY,NAME NOT KNOWN TO
THE PETITIONER,KERALA STATE SPORTS
COUNCIL,STATUE,THIRUVANANTHAPURAM-695 001.
3.CHESS ASSOCIATION ERNAKULAM,REP.BY ITS SECRETARY,SHRI.VISHVAMBARAN
N.R.
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to issue an order
clarifying that, in the light of Annexure A14 order of the Supreme Court
and the willful omission to conduct any enquiry pursuant to Ext.P13,
inspite of the express permission granted as per the judgment dated
18/11/2017 in W.P.(C) No.36083/2017, for the past almost 5 years the
comprehensive enquiry report by the enquiry committee constituted by the
All India Chess Federation (Ann.A6) and the factum of the election of a
new Managing Committee to the Chess Association Kerala on 9/10/2021 in the
Annual General Body Meeting supervised by Sri. Naresh Sharma, AICF
Treasurer and observer and the Returning Officer, Adv.Geetha Sankar, it
may be clarified that Ext.P13 order to the extent of the suspension of the
earlier Managing Committee of the Chess Association, Kerala shall stand
set aside and the Association shall be granted recognition by the Sports
Council, subject to the right of the Sports Council, if so advised, to
conduct any enquiry into the complaints of 2016 with regard to the
functioning of the earlier General Secretary of the Association, pending
disposal of the above Writ Appeal.
This Application coming on for orders on 14/06/2022 upon perusing
the application and the affidavit filed in support thereof, and upon
hearing the arguments of M/S.P.SANJAY & VARSHA BHASKAR, Advocates for the
petitioners, M/S.DINESH R.SHENOY & EBIN MATHEW, ADVOCATES FOR R1
M/S.JOSEPH SEBASTIAN PARACKAL,LATHA ANAND AND M.N.RADHAKRISHNA MENON,
ADVOCATES FOR R2 and of M/S.R.SUDHISH AND M.MANJU, Advocates for R3,the
court passed the following:
P.T.O.
EXT.P13:TRUE PHOTOCOPY OF THE ORDER DT.31/10/2017
ISSUED BY THE R1.
ANNEXURE A6:TRUE PHOTOCOPY OF THE LETTER DATED 5/4/2018
ISSUED BY THE ALL INDIA CHESS FEDERATION TOGETHER WITH THE
ENQUIRY REPORT, DEPOSITIONS OF N.R.ANILKUMAR AND OTHER
ANNEXURES WITH TRANSLATION.
ANNEXURE A14: TRUE PHOTOCOPY OF ORDER DATED 25/10/2021
IN SLP(CIVIL)NO.8663/2018.
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S. MANIKUMAR, C. J. & SHAJI P. CHALY, J.
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I. A. No. 2 of 2022
in
W. A. No. 11 of 2018
======================================
Dated this the 14th day of June, 2022
ORDER
S. Manikumar, C. J.
Pursuant to the direction of the Hon'ble Supreme Court in S.L.P.
No. 8663 of 2018 dated 25.10.2021 in Chess Association of Kerala v.
N. R. Anil Kumar and Others, I. A. No. 2 of 2022 has been filed for the
following reliefs:-
"For the reasons stated in the affidavit filed herewith, it is
prayed that this Hon'ble Court may be pleased to issue an order
clarifying that, in the light of Annexure A14 order of the Supreme
Court and the willful omission to conduct any enquiry pursuant
to Ext.P13, inspite of the express permission granted as per the
judgment dated 18/11/2017 in W.P.(C)No.36083/2017, for the
past almost 5 years the comprehensive enquiry report by the
enquiry committee constituted by the All India Chess Federation
(Ann.A6), and the factum of the election of a new Managing
Committee to the Chess Association Kerala on 9/10/2021 in the
Annual General Body Meeting supervised by Sri Naresh Sharma,
AICF Treasurer and observer and the Returning Officer,
Adv.Geetha Sankar, it may be clarified that Ext.P13 order to the
I. A. No. 2 of 2022 in
W. A. No. 11 of 2018
extent of the suspension of the earlier Managing Committee of
the Chess Association, Kerala shall stand set aside and the
Association shall be granted recognition by the Sports Council,
subject to the right of the Sports Council, if so advised, to
conduct any enquiry into the complaints of 2016 with regard to
the functioning of the earlier General Secretary of the
Association, pending disposal of the above Writ Appeal."
2. Order of the Hon'ble Supreme Court in S.L.P. No. 8663 of
2018 dated 25.10.2021, reads thus:-
"Shri Haris Beeran, learned counsel appearing on behalf
of the petitioner has stated at the Bar that the new Committee of
the Association has taken charge in the month of January, 2021. It
is submitted that, therefore, whatever the enquiry is to be
conducted that would be only against the old Committee. Without
expressing anything on the same, we permit the petitioner to
move an appropriate application before the High Court by way of
review application and/or modification of the impugned order
passed by the High Court pointing out the subsequent
development and as and when such application is made, the same
be considered in accordance with law and on its own merits.
However, it is made clear that we have not expressed anything on
the conduct of the subsequent election in the month of January,
2021 as the same is not the subject matter of the present
proceedings.
With this, the present Special Leave Petition stands
I. A. No. 2 of 2022 in
W. A. No. 11 of 2018
disposed of."
3. Smt. Latha Anand, learned Standing Counsel for the Kerala
State Sports Council, Thiruvananthapuram, the 2 nd respondent, seeks
one week time to file counter affidavit to the abovesaid application.
Post on 23.06.2022.
Sd/-
S. MANIKUMAR
CHIEF JUSTICE
Sd/-
SHAJI P. CHALY
JUDGE
Eb
14-06-2022 /True Copy/ Assistant Registrar
