IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 14TH JUNE 2011 / 24TH JYAISHTA 1933 Con.Case(C).No. 444 of 2011(S) --------------------------------------------- AGAINST THE JUDGMENT/ORDER IN WPC.32410/2009 DATED 11/03/2011 .................... PETITIONERS/WRIT PETITIONERS -------------------------------------------------- 1. ANIL KUMAR. K.A, AGE 40 YEARS, S/O.ANIYAN. K.K, BUDOLINE CRICKET ACADEMY, NOMINEE TO TDCA, KUNDEPARAMBIL HOUSE, ANIL VIHAR, UMANAGAR STREET NO.10, KOLAZHY P.O.,THRISSUR-10. 2. SASIDHARAN. M.C, AGE 34 YEARS, S/O.CHANDRAN, FRIENDS ARTS & SPORTS CLUB, NOMINEE TO TDCA, MELAMPARAMBIL HOUSE, P.O. POOTHOLE, THRISSUR-04. 3. LEO VINCENT, AGE 37 YEARS, S/O.VINCENT, ULBAV ARTS AND SPORTS CLUB, NOMINEE TO TDCA, THALAKOTTUR HOUSE, CHELAKOTTUKARA, THOTTATHIL LANE, THRISSUR-5. 4. GEORGE K.JOSEPH, AGED 35 YEARS, S/O.K.V. JOSEPH, WAVES CC PARAPPUR, NOMINEE TO TDCA, KUNDUKULANGARA HOUSE, PARAPPUR P.O.,PIN- 680 552. 5. P.J. THOMAS, AGED 42 YEARS, S/O.P.T. JACOB, YOUNGSTERS CRICKET CLUB, SECRETARY & NOMINEE TO TDCA, 'LORETO', PUTHUSSERY HOUSE, XIII/146, GANDHI GRAM ROAD, IRINJALAKUDA- 680 121. 6. AJAY CHANDRAN. P, AGED 30 YEARS, S/O.CHANDRAN, BUDOLIN JUNIORS, NOMINEE TO TDCA, 'SMRUTHI', KAILASA NAGAR, CHINMAYA MISSION ROAD, KOLAZHY P.O., THRISSUR- 680 010. 7. C.P. MATHEW, AGED 76 YEARS, S/O.PHILIP, OKTOPALS SPORTS CLUB, PRESIDENT, CHOORAKOOTIL HOUSE, KUTTIPUZHA NAGAR, SANKARAYYA ROAD, P.O. THRISSUR. 8. E.N. RAMACHANDRAN, AGED 37 YEARS, S/O.NARAYANAN, PRUDENTIAL CC KODALI, SECRETARY & NOMINEE TO TDCA, ILLIKKAL HOUSE, CHEMBUCHIRA P.O., KODALI, THRISSUR. Con.Case(C).No. 444 of 2011(S) 9. K.M. LENIN, AGED 45 YEARS, S/O.MADHAVAN NAIR, KAIPARAMBU PANCHAYATH SPORTS COUNCIL, PRESIDENT & NOMINEE TO TDCA, KATTEDATH HOUSE, P.O. MUNDUR, THRISSUR- 680 541. 10. PRADEEP. K.C, AGED 37 YEARS, S/O.K. CHANDRASEKHARAN, SURABHY CRICKET ACADEMY, NOMINEE TO TDCA, 1-D TOP DREAMS, PUNKUNNAM P.O., THRISSUR. 11. BABURAJ. N.V, AGED 41 YEARS, S/O.VASU, CYBER PRISM CRICKET CLUB, SECRETARY & NOMINEE TO TDCA, NEELAMPILLY HOUSE, P.O. PURANATTUKARA, THRISSUR- 680 551. 12. SURESH, AGED 38 YEARS, S/O.KUNJIMON, C/O.PRADEEP. K.C, SURABHY CRICKET ACADEMY, NOMINEE TO TDCA, CHEEROTH HOUSE, P.O. PARAPPUR, THRISSUR. 13. VINOD. M.V, AGED 29 YEARS, S/O.VIJAYAN, CRICKET ACADEMY PAVARATTY, TREASURER & NOMINEE TO TDCA, UNNI NIVAS, PAVARATTY. 14. SANTHOSH. V.V, AGED 36 YEARS, S/O.V.M. VELAYUDHAN, SECRETARY & NOMINEE TO TDCA, PAVARATTY CRICKET CLUB, SOLAR APARTMENTS, NEAR MAMMIYOOR TEMPLE, GURUVAYOOR. 15. SREEKUMAR, AGED 38 YEARS, S/O.APPUKUTTAN NAIR, INFONET CRICKET CLUB, SECRETARY & NOMINEE TO TDCA, USHUS, AMMANKUZHY, M.G. KAVU, THRISSUR- 680 581. BY ADV. SRI.RAJIT RESPONDENT/RESPONDENT: -------------------------------------------- MR.T.C. MATHEW, AGED 47 YEARS, S/O.CHACKOCHAN, TARANIYIL HOUSE, SECRETARY, THE KERALA CRICKET ASSOCIATION, C.A. COMPLEX, THYCAUD P.O., THIRUVANANTHAPURAM-695 001. BY ADV. SRI.A.V.THOMAS, SRI.SOMAN P.PAUL, SRI.G. SREEKUMAR. THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 14/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs Con.Case(C).No. 444 of 2011(S) APPENDIX PETITIONER'S ANNEXURES: ANNEXURE-A: COPY OF THE JUDGMENT DATED 11/03/2011 IN WP(C) NO. 32410/2011 OF THIS HONOURABLE COURT. ANNEXURE-B: COPY OF THE UNDATED NOTICE ISSUED TO THE 1ST PETITIONER CLUB BY THE COMMITTEE OF THE RESPONDENT. ANNEXURE-C: COPY OF THE LEGUE FIXTURE BROUGHT OUT BY THE SUB COMMITTEE OF THE RESPONDENT. ANNEXURE-D: COPY OF THE LETTER SENT BY THE RESPONDENT TO THE 14TH PETITIONER IN THE CAPACITY AS THE SECRETARY OF PAVARATTY CRICKET CLUB DATED 09/07/2009. ANNEXURE-E: COPY OF THE LETTER SEND BY THE RESPONDENT TO ONE OF THE PETITIONER CLUBS DATED 29/03/2010. RESPONDENTS ANNEXURES: NIL //TRUE COPY// P.A. TO JUDGE rs P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Cont. of Court Case (C) No . 444 of 2011 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 14th June , 2011 JUDGMENT The issue involved in this case is whether respondent / contemnor has gone back from the undertaking stated as given before this Court while finalizing W.P.(C) 324 of 2009 as per judgment dated 11th March, 2011. 2. The judgment reveals that the very question of maintainability of the writ petition was not decided and the matter was disposed of, simply recording the submission made from either side, as to the further course of action with regard to the conducting of 'league matches' for election. 3. The grievance of the petitioners in the writ petition was mainly with regard to the non-conducting of 'league matches' and in turn delaying the election process. The matter was disposed of without any fact adjudication, but for recording the submission made from the part of the petitioners that the 'league matches' might be conducted under the supervision of Mr. Haridas, the vice president of the Association with regard to the 32 clubs, which was rightly agreed upon by the respondents in the writ petition. COC (C) No. 444 of 2011 : 2 : 4. The case of the petitioners in the contempt petition is that the league matches were not conducted as undertaken under the supervision of Haridas and that the same was sought to be conducted by the League Sub Committee, which is stated as contrary to the mandate given by this Court. It is also stated that as per Annexure B, the match was scheduled to be conducted in respect of the year 2009 – 10, while no steps were taken for the commencement of league matches for the year 2010 - 2011. 5. The respondent / contemnor has filed an affidavit, controverting the averments and allegations, pointing out that, the said respondent has been elected for a tenure of 5 years, which will expire only by 2013. In the said circumstances, there is no need, necessity or occasion for the said respondent to take any decision for conducting the league matches as alleged and in turn to delay the election. It is stated that, every effort was taken to see that league matches were conducted under the supervision of Haridas, as suggested by the petitioners, who however was not willing to supervise the match. It is also stated that the said Haridas was not even a party to the Annexure A1 verdict. COC (C) No. 444 of 2011 : 3 : 6. It is brought to the notice of this Court, with reference to counter affidavit filed, that a sub - committee was appointed in the Central Council meeting held on 06.06.2010 and that the proceedings are going on. It was in the meanwhile, that the writ petition was finalized as per Annexure A1 verdict and in spite of the earnest efforts taken by the respondents to have it finalized as specified, the same was intercepted at the instance of some other clubs, who forcefully obstructed the same. It is also stated that 8 matches were already conducted and 3 are scheduled to be held. 7. However, going by the pleadings and the materials on record, the sole question to be considered by this Court is whether any contumacious act is there on the part of the respondent, in violation of the judgment passed by this Court as per Annexure A, The petitioners do not have a case that Mr. Haridas was prevented in any manner from supervising the league matches. It remains a fact that neither the petitioners nor the respondent sought to approach this Court as to the further course to be pursued, if at all the match was refused to be supervised by Mr. Haridas. This Court does intend to pass any further orders in the contempt matter, as the scope of the judgment already passed cannot be widened by passing orders in the contempt matter. COC (C) No. 444 of 2011 : 4 : 8. Considering the facts and circumstances, this Court finds that, there is no wilful disobedience on the part of the respondent and as such, no further steps are warranted in this matter. Accordingly the contempt matter is closed, without expressing anything with regard to the rival contentions. P. R. RAMACHANDRA MENON, JUDGE kmd /True copy/ P.A. to Judge