W.A.No.888 of 2015

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Reserved on:18.07.2023

Delivered on: 07.08.2023

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR

AND

THE HONOURABLE MR.JUSTICE P.B.BALAJI

W.A.No.888 of 2015

&

C.M.P.Nos.1202 and 1203 of 2016,

2583 of 2018 and M.P.No.1 of 2015

G.Venkatesh

.. Appellant

Vs.

1.Bridge Federation of India

a Society registered under

Societies Registration Act, 1860

through its President

1-F Ammaiammal Street, Ayyavoo Colony

Aminjikarai, Chennai-600 029

2.Minsitry of youth Affairs and Sports

Government of India

through the Secretary, Dept of Sports

Room No.504-B-Wing Shastri Bhavan

New Delhi-110001

3.Ministry of Home Affairs

Government of India, through its Secretary

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W.A.No.888 of 2015

North Block, Central Secretariat

New Delhi-110 001

4. Ministry of Overseas Indian Affairs

Government of India

through its Secretary

Akbar Bhavan, Chanakyapuri

New Delhi-110021

.. Respondents

Prayer:- Appeal filed under Clause 15 of Letter Patent praying to set aside

the order passed by this Court in W.P.No.2559 of 2011 dated

24.06.201510.11.2016.

For Appellant

:

Mr.G.Rajagopalan, Senior Counsel

for

M/s.G.R.Associates

For Respondents

:

Mr.Srinath Sridevan, Senior Counsel

for

Mr.Bhagavath Krishnan for R1

Mr.Venkatasamy Babu , SPC for R2

JUDGMENT

(Judgment of the Court was made by P.B.BALAJI,J.)

The writ petitioner, aggrieved by the order of Learned Single Judge in

W.P.No.2559 of 2011 dated 24.06.2015,has preferred the present writ

appeal.

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W.A.No.888 of 2015

2. The brief facts that are necessary for deciding the writ appeal are

as follows:

1. The appellant an Indian citizen by birth and he completed his entire

schooling and education in India. Subsequently he became a citizen of the

United States of America in the year 1996. The appellant registered himself

as an Overseas Citizen of India under Section 7-A of Citizenship Act, 1955.

The appellant further stated that he is a bridge player and that the 1^st

respondent being the Bridge Federation of India, having its Presidential

seat at Chennai, with the objects of promoting and developing the sport of

bridge in India, conducts national bridge tournaments and also selection

trials for finalizing teams to represent the 1^st respondent in International

Bridge Competitions. The letter of the 1^st respondent dated 23.12.2010

informed him that he would be entitled to play in national

championships/tournaments only and he would not be eligible to

participate in national selection trials conducted by the 1^st respondent to

select the teams to represent the 1^st respondent internationally. Two

circulars dated 26.12.2008 & 12.03.2009 have been referred in the said

letter dated 23.12.2010 to non-suit the appellant. The appellant challenged

the said letter dated 23.12.2010 on the grounds that Overseas Citizens of

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W.A.No.888 of 2015

India are statutorily recognized by the Parliament and ought to be treated

on par with NRIs in different fields including economic, financial and

educational fields; the circulars referred by the 1^st respondent would not

apply to the appellant, the decision of the 1^st respondent has infringed the

appellant's legal right and also defeats the statutory notification issued by

the Central Government under Section 7-B(1)which was only to advance

the main object and purpose of the Citizenship Act itself.

3. The writ petition was heard along with similar writ petitions and in

and by a common order dated 24.06.2015, the Writ Court dismissed all the

writ petitions. The Writ Petition filed by the appellant that was dismissed is

the subject matter of this writ appeal.

4.

The appellant has challenged the order of the Learned Single

Judge on the grounds that the writ court has not appreciated the mandate of

the Section 7-B of the Citizenship Act; the reliance place