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2015 Supreme(Mad) 3046

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
R.SUBBIAH, J.
Tirunelveli District Football Association and Ors. – Petitioner
Vs.
The President, Tamil Nadu Football Association and Ors. – Respondent
W.P.(MD).Nos.15015 & 15369 of 2015 and M.P.Nos.1 & 1 of 2015
Decided On : 08.10.2015

Advocates Appeared:
Mr.G.Prabhu Rajadurai for M/s.M.Benezir Begam (for the petitioners in both the writ petitions)
Mr.M.Vallinayagam, Senior Counsel for Mr.S.Muthal Rai (for R1 in both the writ petitions)
For 2nd respondent – No appearance in both writ petitions.

Headnote:

Tamil Nadu Societies Registration Act, 1975 - Tamil Nadu Societies Registration Rules, 1978 - Constitution of India, 1950 - Article 226 - Revenue Jurisdiction - Tamil Nadu Football Association (TFA) - District Football Associations (DFA) - Tournament for schools - 1st respondent viz., Tamil Nadu Football Associatio is a Society registered under Act, 1975 - Petitioners are members of TFA - 1st respondent-TFA is a member of All India Football Federation (AIFF) and therefore, it is obliged to respect statutes, regulations, directives and decisions of AIFF, Asian Football Confederation (AFC) and Federation Internationale de Football Association (FIFA) and to ensure that these are likewise respected by its members - Main object of 1st respondent Association (TFA) is to improve game of football constantly and promote, regulate and control it throughout territory of State in light of fair play and its unifying educational, cultural and humanitarian values - Held, This Court as not maintainable probably in view of the availability of alternative remedy and it is not disputed that those judgments have also become final - Under circumstances, writ petitions against Andhra Cricket Association and its Honorary General Secretary can be concluded to be not maintainable in view of rule/regulation 58 of Association containing an arbitration clause and in any view, because of Section 23 of Andhra Pradesh Societies Registration Act, 2001 - When there is an alternative remedy, petitioners cannot invoke writ jurisdiction under Article 226 of Constitution - Hence, on that ground writ petition is not maintainable - Hence, on that ground the writ petition is not maintainable - Writ petitions are dismissed.

ORDER :

In both the above writ petitions, the letters issued by the 1st respondent viz., The President, Tamil Nadu Football Association, dated 10.08.2015 and 18.08.2015 respectively, superseding the petitioners-Football Associations, have been challenged by the petitioners.

2. Since the issue involved in both the writ petitions are one and the same, these writ petitions are disposed of by way of this common order.

3. As this Court is going to dispose of these writ petitions by way of common order, the brief facts of the case which are culled out from the affidavits filed in support of these writ petitions are as follows:-

3-1. The 1st respondent viz., the Tamil Nadu Football Association (in short TFA) is a Society registered under the Tamil Nadu Societies Registration Act, 1975. The petitioners herein viz., Tirunelveli District Footfall Association (petitioner in W.P.(MD).No.15015) and Tiruchirapalli District Football Association (petitioner in W.P.(MD).No.15369 of 2015) are members of the TFA. The 1st respondent-TFA is a member of All India Football Federation (AIFF) and therefore, it is obliged to respect the statutes, regulations, directives and decisions of AIFF, Asian Football Confederation (AFC) and Federation Internationale de Football Association (FIFA) and to ensure that these are likewise respected by its members. The main object of the 1st respondent Association (TFA) is to improve the game of football constantly and promote, regulate and control it through out the territory of State in the light of fair play and its unifying educational, cultural and humanitarian values.

3-2. The petitioners are the District Football Associations (in short DFA). If a DFA intends to become a member of the 1st respondent-Association, it shall apply in writing to the 1st respondent-Association. A DFA is required to have minimum of ten clubs on its rolls and conduct regular annual league as per rules for them, besides a tournament for schools in its Revenue Jurisdiction and participate in all the State Championships for Men. Tiruneveli District Football Association is an active member in the TFA and there are 32 clubs as members in the Tiruneveli District Football Association. Similarly, the Tiruchirapalli District Football Association is also an active member in the TFA and there are 46 clubs as members in the Tiruchirapalli District Football Association.

3-3. In such circumstances, as regards Tirunelveli DFA, the 1st respondent addressed a communication to them, by his letter dated 10.08.2015, stating that a meeting was held on 09.08.2015 and in the said meeting, the decision of the Executive Committee, after getting report from the Fact Finding Committee, has unilaterally decided to supersede the Tirunelveli DFA with immediate effect.

3-4. So far as Tiruchirapalli DFA is concerned, the 1st respondent-TFA addressed a communication to Tiruchirapalli DFA by letter dated 18.08.2015 stating that the TFA Executive Board, in the interest of the game of football, decided to supersede the Trichy DFA with immediate effect and appoint an Adhoc Committee consisting six persons to take charge of its administration and conduct its activities for a period of two years.

3-5. It is the case of the writ petitioners that in both the writ petitions the first respondent (TFA) has passed an order to supersede the writ petitioners District Foot Ball Associations under the amended unregistered Statute, which was already declared as null and void by the First Additional Judge, City Civil Court, Chennai. In this regard, it is the specific case of the petitioners that one Thangadurai, who is the Secretary of Gnanam Memorial Football Club, which is registered under the Dindigul District Football Association, had filed a suit in O.S.No.5327 of 2014 on the file of the learned I Additional Judge, City Civil Court at Chennai, seeking for permanent injunction restraining the 1st respondent herein (TFA) or its Association or its authorities or agents or men from in an












































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