Suresh Kumar P.S v. Union Of India

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.11.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH and W.M.P.(MD).No.3568 of 2022 P.S.Suresh Kumar ... Petitioner Vs.

1.Union of India, Ministry of Youth Affairs and Sports, Represented by the Honble Secretary, Department of Sports, Room No.3, C-Wing, Shastri Bhawan, New Delhi -110 001.

2.Indian Olympic Association, Represented by its Secretary, Olympic Bhawan, B-29, Qutub Institutional Area, New Delhi - 110 016.

3.Amateur Kabaddi Federation of India, Represented by its General Secretary, SAI Sadan, Near Celforce Tower Anand Vatika, AT and PO Kharel N.H. No. 8 Taluka Gandevi, Navasari, Gujarat-396 430.

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4.The Administrator, Amateur Kabaddi Federation of India, E-386, Cabin - B (Basement), Greater Kailash Part 1, New Delhi - 110 048.

5.Tamil Nadu Amateur Kabaddi Association, Represented by its Secretary, No. 22JG+PRP, Peelamedu, Civil Aerodrome Post, Coimbatore - 641 014.

6.The President, Tamilnadu Amateur Kabaddi Association, No. 22JG+PRP, Peelamedu, Civil Aerodrome Post, Coimbatore - 641 014.

7.S.K.M.Shivakumar, The President, Tirunelveli District Amateur Kabaddi Association, 14/2, Thiruvanathapuram Road, Murugan Kuruchi, Palayankottai, Tirunelveli - 2 8.P.Bagavathiperumal The Secretary, Tirunelveli District Amateur Kabaddi Association, No.7B, Sivanthi Vihar, West First Street, Bala Pakkiya Nagar, Tirunelveli - 627 ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 1st, 5th and 6th respondents to consider the Petitioner's representation dated 29.10.2021 by appointing Returning Officer for conducting fresh elections of Tirunelveli 2/5

District Amateur Kabaddi Association consequently appointing an ad hoc committee, comprising of eminent sports persons to oversee the day-today functioning of the Tirunelveli District Amateur Kabaddi Association. For Petitioner : Mr.I.Pinayagash For R-1 to R-3 : Mr.R.Senthil Kumar, Central Government Standing Counsel For R-5, R-7 & R-8 : Mr.N.Sathish Babu

O R D E R

This Writ Petition has been filed for issuance of writ of mandamus directing the official respondents to consider the representation made by the petitioner on 29.10.2021, wherein, the petitioner is seeking for conducting elections to the Tirunelveli District Amateur Kabaddi Association and for appointment of an Ad hoc Committee, to oversee the day-to-day functioning of the Association.

2. Heard the learned counsel on either side,

3. The petitioner seems to be having a grievance with regard to functioning of the Tirunelveli District Amateur Kabaddi Association. According to the petitioner, no elections are being conducted and that resolutions are being passed in the General Body without any transparency 3/5

and there has been absolutely no control over the administration of the Association.

4. In the considered view of this Court, the nature of grievance that has been expressed by the petitioner cannot be handled by the official respondents. If the petitioner is aggrieved by the functioning of the Association, the petitioner has to necessarily file a civil suit before the concerned Court and seek for the necessary relief. Except giving this liberty, no further orders can be passed in this Writ Petition.

5. This Writ Petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed. 22.11.2023 NCC:yes/no Index:yes/no Internet:yes/no tsg 4/5

N.ANAND VENKATESH, J.

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