IN THE HIGH COURT OF JUDICATURE AT MADRAS
HONOURABLE MR. JUSTICE N.SATHISH KUMAR
Paul Rodrigo. T – Appellant
Versus
The Administrative Committee – Respondent
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.10.2024 CORAM:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR W.P.(MD)No.13992 of 2024 and W.M.P(MD)No.12255 of 2024 T.Paul Rodrigo, Secretary, Tirunelveli District Football Association, (Affiliated to Tamilnadu Foodball Association)
5, Ithayam Complex, 9H North High Ground Road, Palayamkottai, Tirunelveli-627002. ... Petitioner Vs.
1.The Administrative Committee, Rep by its. Chairman, Tamilnadu Football Association, 73,Jawaharalal Nehru Stadium, Park Town, Chennai-600003.
2.The Member Secretary, The Sports Development Authority of Tamilnadu, 116/A, Periyar EVR High Road, Nehru Park, Chennai-600084.
3.Thiru.P.Murugaiah, Retd.District Judge, Plot No.4, Valli Nagar, Xavier Colony Extension, Melapalayam, Tirunelveli-5.
4.S.Noble @ Rajan, Former Secretary (on behalf of all member clubs)
Tirunelveli District Football Association, (Affiliated to Tamilnadu Football Association)
No.182, Trivandrum Road, Vannarpettai, Tirunelveli District-627003.
(R4 is impleaded vide order of this Court dated 22.10.2024 in W.M.P(MD)No.16740/2024) ...Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorari calling for the records of the impugned order passed by the 1st respondent dated 08.06.2024 in the matter of dispute in Thirunelveli District Football Association and quash the same as illegal and unconstitutional.
For Petitioner : Mr.M.Maharaja For Respondents : M/s.Kanimozhimathi for R1 M/s.N.S.Tanvi for R2 No Appearance for R3 Mr.S.Maheshkumar for M/s.M.Benazir Begum for R4
O R D E R
This Writ Petition has been filed seeking for issuance of a Writ of Certiorari calling for the records of the impugned order passed by the 1st respondent dated 08.06.2024 in the matter of dispute in Thirunelveli District Football Association and quash the same as illegal and unconstitutional.
2.The dispute in the writ petition is only with regard to the affairs and conducting of the election for the Thirunelveli District Football Association. As far as the affairs and elections of Football Association is concerned, the Division Bench of this Court, by a judgement dated 20.09.2021 in O.S.A.Nos.277 to 281 of 2019 has constituted an Administrative Committee under the Chairman of Hon'ble Mr.Justice A.K.Rajan (Retd) with four members viz., (i) Mr.R.Basheer Ahamed (ii)Mr.Harjider Singh (iii)Mr.Stalin Abhimanyu and (iv)Ms.Kanimozhi Mathi. In the said judgement, the Division Bench of this Court in paragraph 18(d) made it clear that the Administrative Committee shall conduct elections to the District Football Associations, wherever there are no office bearers, after verifying the list the member's club registered with each District Association in the State. Such being the matters, when the issues have already been dealt with in the original suit, this writ petition challenging the order passed by the Administrative Committee appointed by the Division Bench of this Court, is not maintainable before this Court. If at all the petitioner Association has any grievance, it is for them to approach only before the Division Bench of this Court not by way of writ petition.
3.Similarly, this Court in W.P.(MD)Nos.15015 and 15369 of 2015 (Thirunelveli District Football Association Vs. The President, Tamilnadu Football Association) by on order dated 08.10.2015 has dismissed the writ petitions by holding that the writ petitions are not maintainable.
4.In such view of the matter, this writ petition is dismissed. It is for the petitioner Association to workout their remedy in manner known to law. If the petitioner Association has any grievance as against the order passed by the Committee appointed by the Division Bench of this Court the petitioner Association has to challenge the same only before the Division Bench of this Court.
5.With the above observation in this writ petition is dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petition
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