Madras High Court
Durgempudi Siva Kesava Reddy vs The District Registrar ... on 4 November, 2022
W.A.No.2449 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.11.2022
CORAM
The Hon'ble Mr. Justice PARESH UPADHYAY
and
The Hon'ble Mr. Justice D.BHARATHA CHAKRAVARTHY
W.A.No.2449 of 2022
and C.M.P.Nos.19009 to 19011 of 2022
Durgempudi Siva Kesava Reddy .. Appellant
vs.
1.The District Registrar (Registration of Societies),
District Registrar Office, Central,
Chennai-600 014.
2.The Board of Control for Cricket in India (BCCI),
4th Floor, Cricket Centre Wankhede Stadium,
'D' Road, Church Gate, Mumbai,
Maharashtra-400 020.
3.The Tamil Nadu Cricket Association,
Rep., by its Secretary, M.A.Chidambaram Stadium,
5, Victoria Hostel Road, Chepauk,
Chennai-600 005.
4.Dr.D.Chandrashekaran, I.A.S.(Retd.,),
The Electoral Officer,
Tamil Nadu Cricket Association,
Chepauk, Chennai-600 005.
5.Dr.P.Ashok Sigamani
S/o Dr.K.Ponmudi,
Villupuram District Cricket Association,
No.668, P.J.N. Road,
Upstairs:City Union Bank,
Villupuram-605 602.
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W.A.No.2449 of 2022
6.S.Prabu,
Hon. Secretary, Sumangali Homes 5/157,
Perumal Koil Street, Medavakkam,
Chennai-600 100.
7.Adam Sait
Hon. Secretary, Unicorn Cricket Club 306,
2nd Main Road, Natesan Nagar,
Virugambakkam, Chennai-600 092.
8.R.I.Palani,
Hon. Secretary, Egmore Club,
Old No.9, New No.19,
Santhome High Road,
Mylapore, Chennai-600 004.
9.K.Shiva Kumar,
Hon. Secretary, Aruna Cricket Club,
“Dominion” Apts-1A, 10B, 14 VGM Street,
Nungambakkam, Chennai-600 034.
10.Dr.R.N.Baba, Hon. Secretary,
Thiruvallur Dt. Cricket Association,
Dr.Rabindran's Health Care Centre (P) Ltd.,
212, M.T.H. Road, Ambattur,
Chennai – 600 053.
11.R.R.Kalidas Vandayar,
Hony. Secretary, Thanjavur Dt. Cricket Association,
71A, Parisutham Nagar, Thanjavur.
12.T.J.Srinivasaraj,
Hon. Secretary, Sea Hawks Cricket Club,
No.14, Gnanambal Garden, 2nd Street,
Ayanavaram, Chennai-600 023.
13.Bhagwandas Rao,
Hon. Secretary, Sounder Cricket Club,
11/5, Ganapathy Colony, 2nd Street,
Gopalapuram, Chennai-600 086.
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W.A.No.2449 of 2022
14.K.N.Naresh,
Hon. Secretary, George Town United Club,
Plot No.1048, “H” Block 28th Street,
Ponni Colony, Anna Nagar,
Chennai-600 040.
15.Yunus A Laila and Yusuf A Laila,
Hon. Secretaries, Youth Centre Cricket Club,
C/o Best Enterprises, New No.64, Old NO.56,
Sembu Dass Street, Chennai-600 001.
16.V.Arunachalam,
Candidate, Apex Council Members,
TNCA, Chepauk, Chennai.
17.Balaji Maradapa,
Hon. Secretary, The Jupiter Sports Club,
“Golden Gate” 35, Sir Habibullah Road,
T.Nagar, Chennai-600 017.
18.T.K.Rushyendra Kumar,
Hon. Secretary, The National Recreation Club,
AP-9, 8th Street, Anna Nagar West Extension,
Chennai-600 101.
19.R.M.Lakshman Narayan,
Hon. Secretary, Theni Dt. Cricket Association,
Menaka Pvt., Ltd., Unit-2, 3-1-47,
Cumbum Road, P.C.Patty, Theni-625 531.
20.K.Sanjay,
Hon. Secretary, Tiruchirapalli Dt. Cricket Association,
No.3, II Floor, North Drowbathi Amman Koil Street Road,
(Above Indian Overseas Bank) Puthur, Trichy-620 017.
21.N.Sivaramakrishnan,
Candidate, Apex Council Members,
TNCA, Chepauk, Chennai. ... Respondents
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W.A.No.2449 of 2022
Appeal filed under Clause 15 of Letters Patent against the order
dated 04.11.2022 made in W.M.P.No.28609 of 2022 in W.P.No.29306
of 2022.
For Appellant : Mr.G.Murugendran
for Mr.M.Jothikumar
For Respondents : Mr.P.R.Raman, Senior Advocate
for Mr.C.Seethapathy for R3
Mr.V.Ramesh
for Mr.V.Karthikeyan
for R5 to R21
JUDGMENT
(Delivered by PARESH UPADHYAY.,J)
1. Today Hon'ble the Acting Chief Justice is holding Court at
Madurai. Today (04.11.2022) at 1.30p.m., urgent mention was made
before us by Mr.G.Murugendran learned Advocate, for circulation of
one writ appeal arising from the order passed by learned single Judge,
which was claimed to have been passed today, whereby the interim
relief is not granted in favour of the writ petitioner. Since great
urgency was projected, with a view to see that a citizen does not go
with the feeling that he ought to have been heard by the Court, though
the Bench composition in post-lunch session was different, permission
was granted to consider the grievance of the appellant at 2.15 p.m.
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W.A.No.2449 of 2022
Accordingly this writ appeal is considered by the Bench at 2.15 p.m.
today.
2. Learned advocate for the appellant / writ petitioner has
submitted that, though the order of learned single Judge is not
available with him, since it is dictated today, he states that, learned
single Judge has issued notice to the respondents on the writ petition
but has chosen not to exercise discretion to grant interim relief as
prayed for. It is under these circumstances we have considered the
grievance of the writ petitioner / appellant on the basis of the paper
book of the writ petition, in presence of learned Advocates for the
respondents. We note that, learned advocate for the appellant has
addressed the Court at length on merits of the matter.
3. The prayer clause in the writ petition reads as under:-
“For the foregoing reasons, it is
therefore prayed that this Hon'ble Court
may be pleased to grant an Injunction to
restrain the 4th respondent from conducting
the election scheduled on 05.11.2022
pursuant to the impugned election schedule
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W.A.No.2449 of 2022
published by the 3rd respondent dated
14.10.2022, pending disposal of the writ
petition and thus render justice.
For the foregoing reasons, it is therefore
praying this Hon'ble Court may be pleased
to issue a writ or order or direction more
particularly in the nature of Writ of
Certiorari Mandamus to call for the records
pertaining to the 3rd respondent notice,
agenda, and election schedule dated on
14.10.202 as well as the 4th respondent
published valid candidate list and
contesting final list dated 22.10.2022 &
29.10.2022 quash the same as illegal and
consequently direct the 3rd respondent to
appoint a new electoral officer to conduct
afresh election after amending the justice
Lodha Committee reforms to the district
cricket association level and pass further
necessary orders as this Hon'ble Court may
deem fit in the circumstances of the case
and thus render justice.”
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W.A.No.2449 of 2022
4. The point at issue in this appeal therefore is, whether
injunction as prayed for by the writ petitioner should have been
granted or not.
5. We have also heard Mr.P.R.Raman, learned Senior
Advocate for the third respondent, who is the main contesting party, at
this stage. We note that, learned Advocates for the other
respondents, including the private respondents who are contesting
election are also present before the Court and have attempted to make
submissions to the extent necessary, beyond which we have not
permitted, in view of the final order being recorded on this appeal. As
already noted above, learned Advocate for appellant has addressed the
Court at length raising various contentions, however, since it is not in
dispute that learned Single Judge has issued notice and the writ
petition is large open, expressing any opinion qua the contentions
raised on behalf of the appellant may prejudice either of the parties
and therefore the same is not done.
6. Having heard learned advocate for the appellant and the
third respondent and having considered the material on record, we find
that, this is not the case, which warranted injunction against the
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W.A.No.2449 of 2022
election to be held tomorrow, as prayed for by the writ petitioner, in
exercise of powers under Article 226 of the Constitution of India,
assuming that the writ petition is otherwise maintainable. The same is
rightly not done by learned single Judge. Once learned single Judge
has, under Article 226 of the Constitution of India, refused to exercise
discretion, we find that, under Clause 15 of Letters Patent, the refusal
to exercise discretion by learned single Judge, in the facts of this case,
can not be termed to be an error, much less an error apparent on the
face of record. This appeal is therefore needs to be dismissed.
7. For the reasons recorded above, this appeal is dismissed.
No costs. Consequently, connected miscellaneous petitions would not
survive.
8. Registry shall complete the procedural aspects about
registration of this appeal.
(P.U., J) (D.B.C., J)
04.11.2022
Index:No
raa/L2/1
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W.A.No.2449 of 2022
To
1.The District Registrar (Registration of Societies),
District Registrar Office, Central,
Chennai-600 014.
2.The Board of Control for Cricket in India (BCCI),
4th Floor, Cricket Centre Wankhede Stadium,
'D' Road, Church Gate, Mumbai,
Maharashtra-400 020.
3.The Secretary,
M.A.Chidambaram Stadium,
The Tamil Nadu Cricket Association,
5, Victoria Hostel Road, Chepauk,
Chennai-600 005.
https://www.mhc.tn.gov.in/judis
W.A.No.2449 of 2022
PARESH UPADHYAY, J.
and
D.BHARATHA CHAKRAVARTHY, J.
raa
W.A.No.2449 of 2022
04.11.2022
https://www.mhc.tn.gov.in/judis
