Cycling Association Of Tamilnadu v. Cycyling Federation Of India
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.10.2024
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI and W.M.P.Nos.32632 and 32633 of 2024 Cycling Association of Tamil Nadu, Rep. by its General Secretary, A.R.Dillibabu, No.4/2, Ananda Bala Aparments, Ballard Street, Agaram, Perambur, Chennai - 600 082.
...Petitioner
Vs.
1.
Cycling Federation of India, Rep. by its General Secretary, No.23, Sector 12B, Opposite Sai Bhawan International School, Dwarka, New Delhi - 110 078.
2.
The Sports Development Authority of Tamil Nadu, Rep. by its Member Secretary, Jawaharlal Nehru Stadium, Periamet, Chennai - 600 003.
4.
The Registrar, District Registrar Office, Chennai North, Kuralagam, 1st Floor, Chennai - 600 108.
5.
Tamil Nadu Cycling Association, 1/6
Rep. by its President, Having Office at No.A-45, 3rd Avenue, Anna Nagar - East, Chennai - 600 102.
...Respondent
Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct the fourth respondent to pass order's on the petitioner's complaint dated 15.06.2024 in the light of the order of this Court in W.P.No.16755 of 2024 dated 25.06.2024.
For Petitioner : Mr.S.Illamvaludhi For Respondents : Mr.P.Hari, GA for R4
O R D E R
This Writ petition has been filed by the petitioner seeking to direct the fourth respondent to pass orders on the petitioner's complaint dated 15.06.2024 in the light of the order passed by this Court in W.P.No.16755 of 2024 dated 25.06.2024.
2. Since no adverse order has been passed against the respondents 1 to 3 and 5, notice to the respondents 1 to 3 and 5 is dispensed with.
3. It is the case of the petitioner that their Association is registered under the Society Registration Act. Their Association is indulged in various activities towards promotion of cycling in Tamil Nadu as a sport. Though 2/6
the fifth respondent is not affiliated with the petitioner and is engaged in various activities contrary to the interests of the sport, the petitioner filed a complaint before fourth respondent on 15.06.2024. Since the same was not considered, the petitioner filed a writ petition before this Court in W.P.No.16755 of 2024. This Court while disposing the said writ petition vide order dated 25.06.2024 has directed the fourth respondent to pass orders on the complaint dated 15.06.2024 filed by the petitioner within a period of three weeks from the date of receipt of the order copy. Though the enquiry was conducted on 08.08.2024 and 29.08.2024, however, the order passed by this Court has not been implemented. Hence, the present writ petition has been filed.
4. The learned counsel appearing for the petitioner submits that though the enquiry has been conducted on 08.08.2024 and 29.08.2024 in pursuance of the order passed by this Court, the same was not implemented. Hence, he prayed this Court to direct the fourth respondent to conclude the enquiry dated 29.08.2024 within the time frame that may be stipulated by this Court.
5. The learned Government Advocate appearing for the fourth 3/6
respondent submits that enquiry will be concluded and appropriate orders will be passed within the time frame that may be stipulated by this Court. He further submitted that adverse notice will be given if the aggrieved persons have not appeared before the authority.
6. In the light of the submission made by the parties, this Court directs the fourth respondent to conclude the enquiry dated 29.08.2024 and pass appropriate orders on merits and in accordance with law after affording an opportunity of personal hearing to the petitioner as well as the aggrieved persons if any within a period of four (4) weeks from the date of receipt of a copy of this order.
7. With the above observation and directions, this writ petition is disposed of. No costs. Consequently, connected petitions are closed. 04.10.2024 rap Speaking Order : Yes/No Index : Yes/No NCC : Yes/No 4/6
To 1.
The Registrar, District Registrar Office, Chennai North, Kuralagam, 1st Floor, Chennai - 600 108.
2.
The President, Tamil Nadu Cycling Association, Having Office at No.A-45, 3rd Avenue, Anna Nagar - East, Chennai - 600 102.
5/6
M.DHANDAPANI, J.
rap 04.10.2024 6/6