Petitioners challenged interim report affecting their tenure as office bearers of IDCA. Direction was issued to convene General Body of the Association to consider reinstatement and elections.
To convene a general body meeting within two weeks to consider reinstatement of office bearers and subsequent elections.
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WP(C).8940/18
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
TUESDAY ,THE 11TH DAY OF SEPTEMBER 2018 / 20TH BHADRA, 1940
WP(C).No. 8940 of 2018
PETITIONER/S:
1 SHAJI P.B AGED 57 YEARS, S/O. BHASKARAN, RESIDING AT PUTHUPALLIKUNNEL HOUSE, THODUPUZHA EAST P.O, IDUKKI - 685 585.
2 VIJO JACOB PULIYANAL HOUSE, MANAKKAD P.O, THODUPUZHA
BY ADVS. SRI.P.RAMAKRISHNAN SMT.ASHA K.SHENOY SMT.PREETHI RAMAKRISHNAN (P-212) SRI.C.ANIL KUMAR SRI.PRATAP ABRAHAM VARGHESE SRI.T.C.KRISHNA
RESPONDENT/S:
1 KERALA CRICKET ASSOCIATION KCA COMPLEX, SASTHANKOVIL ROAD, THYCAUD P.O, THIRUVANANTHAPURAM - 695 014, REPRESENTED BY ITS SECRETARY.
WP(C).8940/18
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VALIYAVEETTIL HOUSE, KOLANI P.O, NEDIYASALA, IDUKKI - 685 608.
5 JAYESH GEORGE
11E, CORAL CREST, S.R.M ROAD, ERNAKULAM, KOCHI - 682 018.
BY ADV. SRI.K.N.ABHILASH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.09.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).8940/18
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ANU SIVARAMAN, J.
W.P(C).No. 8940 of 2018
Dated this the 11th day of September, 2018
JUDGMENT
The petitioner has approached this Court seeking the following
reliefs:
Standing Counsel for respondents 1 and 2 as well as the learned counsel
for the 3rd respondent.
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P2 and that a comprehensive report has been filed, wherein the petitioners as well as the association has been exonerated of the charges raised against them. The report is produced as Exhibit P12. It is stated by learned counsel for the petitioners that based on the findings in Exhibit P12 report, the committee of the District Association is entitled to reinstatement and to continue as office bearers till elections are conducted.
There will be a direction to the 1st respondent to immediately convene a general body meeting of the 1st respondent Association within two weeks from the date of receipt of a copy of this judgment. The issue of reinstatement of the office bearers of the Idukki District Cricket Association will also be considered by the General Body and appropriate decision will be taken. The elections of the District Association will be held only thereafter.
The writ petition is ordered accordingly.
ANU SIVARAMAN
JUDGE
vgs
WP(C).8940/18
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APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF MEMORANDUM AND BYE LAWS OF THE 1ST RESPONDENT
EXHIBIT P2 TRUE COPY OF CHAPTER 10 OF THE REPORT DATED 18.12.2015 OF JUSTICE SRI. R.M. LODHA
EXHIBIT P3 TRUE COPY OF COMPLAINT DATED 23.9.2017 SUBMITTED BY THE 3RD RESPONDENT BEFORE THE 1ST RESPODNENT
EXHIBIT P4 TRUE COPY OF PETITION FILED BY THE 3RD RESPONDENT BEFORE THE OMBUDSMAN CUM ETHICS OFFICER
EXHIBIT P5 TRUE COPY OF NOTICE DATED 17.11.2017 ISSUED IN RELATION TO THE MEETING BY THE 2ND RESPONDENT
| EXHIBIT P6 | TRUE COPY OF COMPLAINT DATED 23.11.2017 SUBMITTED BY THE 4TH RESPONDENT BEFORE THE 2ND RESPONDENT |
|---|---|
| EXHIBIT P7 | TRUE COPY OF MINUTES OF THE MEETING HELD ON 26.11.2017 |
| EXHIBIT P8 | TRUE COPY OF INTERIM REPORT DATED 6.2.2018 OF THE ENQUIRY COMMITTEE |
| EXHIBIT P9 | TRUE COPY OF SHOW CAUSE NOTICE DATED 17.2.2018 ISSUED BY THE 1ST RESPONDENT |
| EXHIBIT P10 | TRUE COPY OF LETTER DATED 19.2.2018 RECEIVED BY THE 1ST PETITIONER |
| EXHIBIT P11 | TRUE COPY OF LETTER DATED 19.2.2018 FROM THE 1ST RESPONDENT TO THE 1ST PETITIONER |
| EXHIBIT P12 | TRUE COPY OF REPORT DATED 10.6.2018 SUBMITTED BY THE ENQUIRY SUBCOMMITTEE |
WP(C).8940/18
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EXHIBIT P13 TRUE COPY OF OMBUDSMAN CUM ETHICS OFFICER FOR KERALA CRIKET ASSOCIATION HAS ISSUED AN ORDER DATED 6.7.2018 EXHIBIT P14 TRUE COPY OF TRUE COPY OF NOTICE DATED 14.7.2011 ISSUED BY THE TRIVANDRUM DISTRICT CRICKET ASSOCIATION EXHIBIT P15 TRUE COPY OF NOTICE DATED 10.7.2017 ISSUED BY THE TRIVANDRUM DISTRICT CRICKET ASSOCIATION RESPONDENT'S/S EXHIBITS:
EXHIBIT R1 A THE TRUE COPY OF THE REPORT DATED 10.6.2018 FILED BY THE SUBCOMMITTEE OF THE KCA
/TRUE COPY/
PS TO JUDGE
1 issue framed by the court
Whether the W.P. invoking certiorari and mandamus for quashing of interim report and reinstatement of committee was maintainable in a writ petition.
Shaji P.B and others
Kerala Cricket Association
The Honorary Secretary Kerala Cricket Association
K. Pramo
V.R Biju
Anu Sivaraman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
