IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 11TH MARCH 2011 / 20TH PHALGUNA 1932 WP(C).No. 7637 of 2011(D) ------------------------- PETITIONER: --------------- SATISH CHANDRAN, AGED 44 YEARS, S/O.P.VELAYUDHAN, PRESIDENT, KOZHIKODE DISTRICT CRICKET ASSOCIATION, ADITHYA BIRLA MONEY LTD., 2ND FLOOR, SONA BUILDING, RAM MOHAN ROAD, KOZHIKODE-673 004. BY ADV. SRI.RAJIT RESPONDENTS: --------------- 1. THE KERALA CRICKET ASSOCIATION, C.A.COMPLEX, THYCAUD.P.O., THIRUVANANTHAPURAM. REP.BY ITS SECRETARY, MR.T.C.MATHEW-695002 2. KOZHIKODE DISTRICT CRICKET ASSOCIATION, 3RD FLOOR, INDORE STADIUM, RAJAJI ROAD, KOZHIKODE-673 004, REPRESENTED BY THE SECRETARY. 3. MR.T.R.BALAKRISHNAN, PRESIDENT, KCA, ADVOCATE, "SIVA ILLOM", MANIQUNI, SULTHAN BATHERY, 673 592. 4. MR.T.C.MATHEW, HONORARY SECRETARY, KCA, KERALA CRICKET ASSOCIATION, 25 A, NOOPURAM, MUTTADA.P.O., THIRUVANANTHAPURAM-695004 5. SANIL CHANDRAN.K.V., AGED 44 YEARS, S/O.RAMACHANDRAN, CHANDER VILLS, NEAR BEM U.P.SCHOOL, PUTHIYANGADI ROAD, KOZHIKODE-673 004. BY ADV.MR. A.V. THOMAS, SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON, J. .............................................................................. W.P.(C) No. 7637 OF 2011 ......................................................................... Dated this the 11th March, 2011 J U D G M E N T The petitioner has approached this Court with the following prayers: “a) Issue a writ of mandamus or any other appropriate writ order or direction commanding the 1st, 3rd and 4th respondents to refrain from superseding the duly elected 2nd respondent committee, on the basis of agenda No.6 & 7 of Ext. P5. b) issue a writ of mandamus or any other appropriate writ order or direction commanding the 1st, 3rd and 4th respondents to refrain from appointing an ADHOC committee to take over the administration of the 2nd respondent association. c) issue a writ of mandamus or any other appropriate writ order or direction commanding the 1st, 3rd and 4th respondents to comply with the principles of natural justice and give opportunity to the members of the 2nd respondent association of W.P.(C) No. 7637 OF 2011 2 being heard before taking any action to supersede the 2nd respondent association. d) Declare that the respondents 1, 3 & 4 have no jurisdiction to subvert the natural democratic process exercised by the members of the 2nd respondent association by appointing an ADHOC committee. e) Grant such other relief deemed fit to this Hon'ble Court. ” 2. The learned Standing Counsel appearing for the first respondent Association, on instruction, submits that the idea and understanding of the petitioner is quite wrong and misconceived and there is absolutely nothing whatsoever to supercede the second respondent Association. What is going on is only the proceedings of the Enquiry Committee which has been constituted to inquire into the subject matter of dispute, which, in fact, is essentially between the President and the Secretary of the second respondent. It is also stated that appropriate orders will be passed pursuant to finalisation of the proceedings by the Enquiry Committee. W.P.(C) No. 7637 OF 2011 3 Submission, as above, is recorded and the writ petition is disposed of, without prejudice to the rights and liberties of the parties concerned. It is further made clear that the issue regarding maintainability of the writ petition against the first respondent is left open. P.R. RAMACHANDRA MENON, JUDGE. lk