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Madras High CourtWP/35467/2023disposed of

All India Silambam Federation v. The Secretary

2024-02-02Honourable Dr Justice Anita Sumanth5 pages

2024:MHC:6108

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.02.2024 CORAM :

THE HONOURABLE DR.JUSTICE ANITA SUMANTH All India Silambam Federation Rep. By its General Secretary, Mrs.B.Irin Selvaraj Reg. No. 58/2006 Having its Head Office at No.11, Palandeeswrar Koil Street, Mangadu, Chennai - 112.

.. Petitioner vs 1.The Secretary, Ministry of Youth Affairs and Sports, Department of Sports, Government of India, Room No.3, C-Wing, Shastri Bhavan, 2.The Deputy Secretary, Ministry of Youth Affairs and Sports, Department of Sports, Government of India, Room No.3, C-Wing, Shastri Bhavan, 3.The Director (Sports), Ministry of Youth Affairs and Sports, Department of Sports, Government of India, Room No.3, C-Wing, Shastri Bhavan, .. Respondents 1/5

Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus directing the respondents herein to restore the recognition granted to the petitioner in his proceedings F.No.9-8/2018-SP-I/SP-III dated 11.03.2021 taking into account G.O.(D) No. 359 Commercial Taxes & Registration (M.2) Department dated 21.11.2023 within the time frame as deem fit by this Court.

For Petitioner :

Mr.G.Bala For Respondents :

Mr.V.T.Balaji Senior Panel Counsel

ORDER

The petitioner is the Indian Silambam Federation. It had been registered as a society in 2006. The petitioner claims affiliation with the Association for International Sports for All (AFISA) and International Council of Sports, Science and Physical Education (ICSSPE). The Sports Authority of India has recognized Silambam as one among recognized disciplines and has certified the same on 20.05.2014. Likewise, certification has been accorded by the School Games Federation of India vide order dated 21.12.2013. 2.

The petitioner had filed W.P.No.4338 of 2018 seeking grant of recognition to various national sports federations as it believed that it fulfilled all the required criteria. The writ petition was ordered on 27.02.2018 directing the respondents to consider its 2/5

claim and ultimately on 11.03.2021, it was accorded due recognition.

3.

While so, the petitioner had allowed the registration granted under Tamil Nadu Societies and Registration Rules Registration No. 58 / 2006 to lapse for want of regular statutory filing. Hence, R3 had passed an order on 29.07.2022 withdrawing the recognition granted to it on 11.03.2021, as a consequence of the action initiated by the Registrar of Societies for cancellation of the petitioner's name from the register.

4.

In fact, the order of cancellation had itself been the subject of challenge in W.P.No.13262 of 2021 and the Court had set aside the cancellation giving liberty to the petitioner to pursue the matter afresh. This had culminated in passing of G.O.(D) No. 359 Commercial Taxes & Registration (M.2) Department by the State granting registration as sought for and restoring the name of the petitioner society in the register of societies. 5.

As a consequence of the events as aforesaid, Mr.V.T.Balaji, learned Senior Panel Counsel, who accepts notice for the respondents, is now willing to consider the prayer of the petitioner for grant of recognition in line with G.O.(D) No. 359 Commercial Taxes & Registration (M.2) Department dated 21.11.2023.

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6.

The petitioner has also made a representation to similar effect on 18.12.2023, which is pending before the respondents. Hence the petitioner is permitted to appear before R2 on 12.02.2024 at 2.30 p.m., without expecting any further notice in this regard with all relevant documents to pursue its claim, and R2 is directed to pass orders in accordance with law, all applicable rules and regulations and in line with G.O.(D) No. 359 Commercial Taxes & Registration (M.2) Department dated 21.11.2023, within two weeks, i.e., on or before 27.02.2024.

7.

This writ petition stands disposed in terms of this order. No costs.

02.02.2024 Index:Yes/No ssm To 1.The Secretary, Ministry of Youth Affairs and Sports, Department of Sports, Government of India, Room No.3, C-Wing, Shastri Bhavan, 2.The Deputy Secretary, Ministry of Youth Affairs and Sports, Department of Sports, Government of India, Room No.3, C-Wing, Shastri Bhavan, 3.The Director (Sports), Ministry of Youth Affairs and Sports, Department of Sports, Government of India, Room No.3, C-Wing, Shastri Bhavan, 4/5

DR. ANITA SUMANTH,J.

ssm 02.02.2024 5/5