P.Muthumani v. The Tamilnadu Olympic

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.07.2018

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.10074 of 2013 M.P.Nos. 1 and 2 of 2013 P.Muthumani ... Petitioner Vs.

1. The Tamil Nadu Olympic Association, Rep. by its Secretary.

2. The Tamil Nadu State Amateur Kabaddi Association, Rep. by its General Secretary.

3. Namakkal District Kabaddi Association, Rep. by Mr.P.Velusamy.

4. The District Registrar, Tamil Nadu Societies Registration, Namakkal.

5. N.Tamilselvan ... Respondents Prayer ::

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct the 4th respondent to conduct an election by issuing election notification to the 3rd respondent association for the post of Secretary of the said association under the supervision of 2nd respondent. For Petitioner : Mr.G.Ethirajulu For Respondents : No appearance (for R1) Mr.Y.Bhuvaneswari (for R2), Mr.M.Elumalai (for R4), Mr.N.Manokaran (for R3 and R5)

O R D E R

The relief sought for in this writ petition is for a direction to direct the 4th respondent to conduct election by issuing election notification to the 3rd respondent association https://hcservices.ecourts.gov.in/hcservices/

for the post of Secretary of the said association under the supervision of the 2nd respondent.

2. The very relief sought for to issue a direction to conduct election in respect of the 3rd respondent association is to be construed as a Civil dispute. The 3rd respondent association is not a "state" within the meaning of Article 12 of the Constitution of India. In respect of conduct of election or disputes in relation to election ought to be adjudicated by the association only by way of a civil suit before the competent civil court of law.

3. Thus it is left open to the respective parties to approach the competent civil court of law for the redressal of their grievances in respect of conduct of election or disputes relating to the election.

4. Accordingly, the grounds raised in the present writ petition deserves no further consideration. Accordingly, writ petition stands dismissed. No costs. Consequently, connected miscellaneous petitions stand closed.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar msvm To

1. The District Registrar, Tamil Nadu Societies Registration, Namakkal.

W.P.No.10074 of 2013 M.P.Nos. 1 and 2 of 2013 CA(CO) CS/24/07/18 https://hcservices.ecourts.gov.in/hcservices/