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2025 Supreme(Online)(Ker) 51979

IN THE HIGH COURT OF KERALA AT ERNAKULAM
SUSHRUT ARVIND DHARMADHIKARI, SYAM KUMAR V.M., JJ
SANTHOSH KARUNAKARAN – Appellant
Versus
BCCI REPRESENTED BY ITS SECRETARY, JAY SHAH – Respondent


Advocates:
For the Appellants/Petitioners: SMT KAVYA VARMA, SMT.NISHA GEORGE, SRI.GEORGE POONTHOTTAM (SR.)
For the Respondents: SRI SUNIL SHANKAR, SHRI.K.N.ABHILASH, SHRI.SUNIL NAIR PALAKKAT, SHRI.RISHI VARMA T.R., SHRI.RITHIK S.ANAND, SHRI.SREEJITH A., SMT.TEENA M. ASHOK

JUDGMENT Sushrut Arvind Dharmadhikari, J.

The present intra-court appeal under Section 5 of the Kerala High Court Act , 1958, assails the judgment dated 29.03.2023 passed in W.P.(C) No. 432 of 2021, whereby the writ petition filed by the appellant was dismissed as not maintainable.

2. The appellant filed the writ petition praying for the following reliefs:

“a) Issue a writ of mandamus or any other appropriate writ order or direction commanding the 2nd respondent to withdraw the deviations/amendments made to Ext-P1 model Bye law, which is approved by the Hon'ble Supreme Court.

b) Issue a writ of mandamus or any other appropriate writ order or direction commanding the 2nd respondent to ensure that all the units under the 2nd respondent have to amend the Byelaw in tune with Ext-P1 model Bye law.

c) Issue a writ of mandamus or any other appropriate writ order or direction commanding the 2nd & 3rd respondents not to take any action on the strength of the clauses deviating from the clauses in Ext-P1 model Bye law, which is approved by the Hon'ble Supreme Court.

d) Issue a writ of mandamus or any other appropriate writ order or direction invalidating the decisions taken by the 2nd respondent

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