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Madras High CourtWP/30519/2018disposed of

Xavier Thalaivan Sargunam v. The Union Of India,

2019-03-04Honourable Mr Justice K. Ravichandrabaabu3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.03.2019

CORAM

THE HONOURABLE MR. JUSTICE K.RAVICHANDRABAABU W.P.No.30519 of 2018 and W.M.P.Nos.35594, 35595, 35597 & 38707 of 2018 Xavier Thalaivan Sargunam ... Petitioner Vs 1.The Union of India, Rep. by its Secretary to Sports, Chief Secretariat, Pondicherry.

2.Board of Control for Cricket in India (BCCI), Rep. by its General Manager-Cricket Operations, Registered Office, Administrative Office, Cricket Center, Wankhede Stadium (North Stand), D.Road, Church Gate, Mumbai - 20.

3.The Committee of Administrators Rep. by Chairperson, Registered Office, Administrative Office, Brabourne Stadium (North Stand), V.N.Road, Church Gate, Mumbai -20.

4.Cricket Association of Pondicherry, Rep. by its Secretary R.S.No.104/8 & 105/7, Sethurapet Main Road, Pondicherry - 605 101.

... Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records leading to the passing of the impugned order passed by the 2nd respondent dated 20.09.2018, BCCI/HQ/34(J)/3343/2018, and the consequential order passed by the 4th respondent dated 21.09.2018, and consequently direct the 2nd & 4th respondent to permit the petitioner to participate in the forthcoming tournaments organized by the 2nd respondent pending disposal of the above writ petition.

For Petitioner : Mr.G.RM.Palaniappan For Respondents: Ms.G.Djearang, Additional Government Pleader (P) for R1 Mr.Aditya Reddy for R2 R3 - Not ready Mr.T.T.Ravichandran for R4

O R D E R

This writ petition is filed seeking for a Certiorarified Mandamus to call for the records leading to the passing of the impugned order passed by the 2nd respondent dated 20.09.2018, BCCI/HQ/34(J)/3343/2018, and the consequential order passed by the 4th respondent dated 21.09.2018, and consequently direct the 2nd & 4th respondent to permit the petitioner to participate in the forthcoming tournaments organized by the 2nd respondent pending disposal of the above writ petition.

2. By the impugned order, the petitioner was not permitted to take part in the tournament. Now, it is stated before this Court that the said tournament has already started on 21.02.2019. Therefore, nothing survives in this writ petition to be adjudicated upon further.

3. Accordingly, this Writ Petition is disposed of as infructuous, however, leaving the merits of the other issues open to be agitated and adjudicated upon in an appropriate proceedings. No costs. Consequently, the connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CS vi) //True Copy// Sub Assistant Registrar gsi/vri To 1.The Secretary to Sports The Union of India, Chief Secretariat, Pondicherry.

2.The General Manager-Cricket Operations, Board of Control for Cricket in India (BCCI), Registered Office:

Administrative Office:

Cricket Center, Wankhede Stadium (North Stand), D.Road, Church Gate, Mumbai - 20.

3.The Chairperson The Committee of Administrators Registered Office:

Administrative Office:

Brabourne Stadium (North Stand), V.N.Road, Church Gate, Mumbai -20.

4.The Secretary, Cricket Association of Pondicherry, R.S.No.104/8 & 105/7, Sethurapet Main Road, Pondicherry - 605 101.

+1cc to Mr.Aditya Reddy , Advocate SR.No. 19684 +1cc to Mr.G.RM.Palaniappan , Advocate SR.No. 19382 +1 CC TO GOVERNMENT PLEADER SR.NO.19917 +2ccs to Mr. T.T.Ravichandran , Advocate SR.No. 220843 W.P.No.30519 of 2018 A.SK(27/03/2019)