Dismissed

Vijayakumar. J (Ex-Army) v. the Union of India

Madras HC3 Jan 2023WP(MD)/20129/2021

Case brief

AI extract

What is this about?

Petitioner sought mandamus restraining hockey associations from selecting players until proper elections were conducted. Court held that since elections were held on 08.09.2022 and a separate writ challenging them is pending, the present petition is infructuous and dismissed.

What did the court decide?

Petition dismissed as infructuous; consecutive miscellaneous petitions closed.

Vijayakumar. J (Ex-Army) Vs the Union of India — Service and Employment | Madras HC (2023)

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W.P(MD)No.20129 of 2021

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 03.01.2023

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CORAM:

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THE HONOURABLE MR.JUSTICE D. KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR

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W.P(MD)No.20129 of 2021 and

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W.M.P(MD)Nos.16834 of 2021 & 5905 of 2022

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J.Vijayakumar (Ex-Army), Secretary – United Hockey Club, (Affiliated by Thoothukudi District Hockey Association), Reg: 187/2019, 40-C, 3^rd Street, Bharathi Nagar, Kovilpatti – 628 501, Thoothukudi District. ... Petitioner

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vs.

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1.The Union of India, Rep by its Secretary, Ministry of Youth Affairs and Sports, Department of Sports, Shastri Bhawan, New Delhi - 110 115.

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2.The General Secretary, Hockey India, B-1/e-14, Mohan Co-Operative Industrial Estate, Madhura Road, New Delhi - 110 044.

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1/16

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https://www.mhc.tn.gov.in/judis

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3.Indian Olympic Association, Represented by its Secretary, Olympic Bhawan, B-29, Qutup Institutional Area, New Delhi - 110 016.

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W.P(MD)No.20129 of 2021

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4.Tamil Nadu Olympic Association, Represented by its General Secretary, Room No.78, Jawaharlal Nehru Stadium, Chennai - 600 003.

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5.Sports Development Authority of Tamil Nadu, Represented by its Member Secretary, No.116-A, Periyar EVR High Road, Nehru Park, Chennai - 600 084.

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6.Hockey Unit of Tamil Nadu, Represented by its Secretary, 29/14, Karpagambal Apartments, 2^nd Main Road, Raja Annamalaipuram, Chennai - 600 026.

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7.The Inspector General of Registration, No.100, Santhome High Road, Pattinampakkam, Santhome, Chennai - 600 028.

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8.The District Registrar, District Registration Office, 182, Bharathi Salai, Royapettah, Chennai.

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https://www.mhc.tn.gov.in/judis

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2/16

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9.Anbumani Secretary, Thiruvarur District Hockey Association, (Regn.No.16/2008) 23, Old Tanjore Road, Mannargudi - 614 001.

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W.P(MD)No.20129 of 2021

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10.Ramanujam Secretary, Unified Dindigul District Hockey Association, (Regn.No.117/2014), No.7, Santhana Konar Line, YMR Patti, Dindigul - 624 001.

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11.Kilavan Sethupathy Secretary, Ramanathapuram District Hockey Association, No.50g, Ilangovadigal Street, Ramanathapuram - 623501.

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12.P.Senthil Rajkumar, Secretary, Dr.PGV Institutions, Coimbatore District Hockey Association, (Regn No.371/2014), Varappalayam, Chinna Thadagam Post, Coimbatore - 641 108.

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13.N.Bharathidasan, Secretary, Hockey Unit of Ariyalur, 14, Pillaiyar Koil Street, Ariyalur - 621 704.

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14.Rajasekar, Secretary, Tirunelveli District Hockey Association, (Regn No.15/2006), 13, St. Mathews Street,

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3/16

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https://www.mhc.tn.gov.in/judis

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W.P(MD)No.20129 of 2021

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Kori Pallam, Palayamkottai, Tirunelveli - 627 002.

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15.E.Pon Pandian, Secretary, Unit of Cuddalore, No.28, Aanaikuppam, Near SP Office, Cuddalore - 607 001.

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16.Ranganathan, Secretary, Hockey Unit of Dharmapuri, (Regn No. 212/2008), No.7/301, Theerthagiri Nagar, Palacode Post, Dharmapuri - 631 808.

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17.S.Ramesh, Secretary, Erode District Hockey Association, No.41, KNK Road, Backside, Erode - 638 003.

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18.P.V.Pandarinathan,

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Secretary, Kancheepuram District Hockey Association, (Regn.No.161/2006), No.54, Duraikannu Street, Old Pallavaram, Chennai - 600 117.

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19.T.Charles Dixon, Secretary, Hockey Unit of Kanyakumari, No.6/41, Hospital Road, Opp. to Sacred Heart Marticulation School, Azhagappapuram, Nagercoil - 629 401.

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4/16

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https://www.mhc.tn.gov.in/judis

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20.V.P.Selvaraj,

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20.V.P.Selvaraj, Secretary, Karur District Hockey Association, (Regn.No.44/2008), 7-A, Teachers Colony, Ganesapuram West, Puliyur C.F. Post, Karur.

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W.P(MD)No.20129 of 2021

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21.The Secretary, The Krishnagiri District Hockey Association, 7, Gnanasekaram, BSNL Opposite, Opposite Bhavani Footwear, Pechampalli, Krishnagiri.

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22.R.Ramesh,

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Secretary, The Madurai District Hockey Association, (Regn No.73/2002), C112, Kamarajar Street, Thirunagar, Madurai - 6.

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23.C.S.John Stephen, Secretary, Hockey Unit of Namakkal, No.22, Koneripatti, Rasipuram (Taluk), Namakkal - 627 408.

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24.J.Balamurugan, Secretary, Hockey Nilgiris, (Regn. No.47/2014), 2/64, Rajiv Gandhi Nagar, Neelambur, Coimbatore.

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5/16

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https://www.mhc.tn.gov.in/judis

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25.J.Kannan,

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25.J.Kannan, Secretary, Perambalur District Hockey Association, (Regn.No. 145/2008), North Street, Ammapalayam, Perambalur - 621 101.

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W.P(MD)No.20129 of 2021

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26.Deepak Francis, Secretary, Pudukkottai District Hockey Association, (Regn No. 74/2008), Arasamaram Street, 86, Manapuram Middle Street, Mela Pudur, Trichy - 620 041.

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27.P.Venkatesan, Secretary, Hockey Unit of Salem, (Regn. No.92/2013), No.16-H, Nagammal Thottam, Peramanur, Salem - 636 007.

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28.The Secretary, Unified Sivagangai Hockey, (Regn No.174/2009), M.Thayaga Boomi, 16/1, Tagoor Street, Sivagangai - 630 561.

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29.P.Rajkumar Secretary, Hockey Unit of Thanjavur, 760/2, Arulandar Nagar, 2nd Cross Street, Thanjavur – 7.

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6/16

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https://www.mhc.tn.gov.in/judis

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30.V.Sangili Kalai, Secretary, Theni District Hockey Association, (Regn No.284/2009), Anitha Illam, 74/30, Professor Colony, Bodinayakkanur, Theni - 625 513.

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W.P(MD)No.20129 of 2021

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31.Mohankumar, Secretary, Tiruppur District Hockey Association, (Regn No. 107/2009), 47/59, Rudrappa Nagar, Udumalpet - 642 126.

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32.J.D.Selvamani,

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Secretary, Tiruvallur District Hockey Association, (Regn No. 142/2006), 50, Main Street, Teachers Colony, Chennai - 600 053.

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33.M.Sathishkumar,

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Secretary, Tiruvannamalai District Hockey Association, (Regn No.101/2008), No.640, Bungalow Street, Thandrampet, Tiruvannamalai - 606 707.

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34.K.Rajarajan, Secretary, Unified Trichirapalli District Hockey Association, No.9, Sundararaj Nagar, Subramaniyapuram, Trichy – 20.

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7/16

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https://www.mhc.tn.gov.in/judis

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35.Guru Chitra Shanmuga Bharathi, Secretary, Thoothukudi District Hockey Association, (Regn No. 135/2009), 15, Subramaniyapuram, Kovilpatti - 625 501.

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W.P(MD)No.20129 of 2021

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36.D.Clemant Lourduraj, Secretary, Hockey Unit of Vellore District, (Regn No.101/2013), 35, 3rd Cross Street, Bharathi Nagar Extension, Katpadi, Vellore - 623 007.

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37.M.Sakthi Kumaran, Secretary, Unified Villupuram District Hockey Association, (Regn No.107/2013), 5-B, HIG, TNEB, Keezh Perumbakkam, Near Savitha Theatre, East Pondy Road, Villupuram – 605 602. ... Respondents

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PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, forbearing the respondents 6 and 8 to 37 from controlling the game of Hockey any more to select players for representing either District level or State level till conducting proper elections to the sixth respondent as well as all District Level Hockey Associations respectively as per their by-law under the supervision of retired District Judges pursuant to the petitioner's representations, dated 20.10.2021 and 25.10.2021.

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8/16

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https://www.mhc.tn.gov.in/judis

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W.P(MD)No.20129 of 2021

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For Petitioner : Mr.A.SVaigunth For Respondents : Mr.K.R.Laxman CGSPC for R1 : Mr.N.Dilip Kumar for R4 : Mr.K.Azhaguraman for R5 : Mr.Senthil Kumar for Mr.T.Shrinikethan for R6 : Mr.S.Chellapandian for RR 10, 12, 14 to 16, 19 to 21, 24, 56 to 28, 30, 31, 34 to 36

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ORDER

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(Order of the Court was made by D. KRISHNAKUMAR, J.)

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The prayer in the Writ Petition is seeking for issuance of a Writ of Mandamus, forbearing the respondents 6 and 8 to 37 from controlling the game of Hockey any more to select players for representing either District level or State level, till conducting proper elections to the sixth respondent as well as all the District Level Hockey Associations respectively, as per their by-law, under the supervision of retired District Judges pursuant to the petitioner's representations, dated 20.10.2021 and 25.10.2021.

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9/16

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https://www.mhc.tn.gov.in/judis

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W.P(MD)No.20129 of 2021

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2.The learned counsel appearing for the petitioner submitted that the petitioner is the Secretary of the United Hockey Club, Kovilpatti, Thoothukudi District. The Hockey is regulated and controlled by the sixth respondent, which is a Society registered under the Tamil Nadu Societies Registration Act. The above Society is a State Level Society, which gives affiliation to the District Level Hockey Association. The District Level Hockey Association is also a registered Society under the Tamil Nadu Societies Registration Act, which controls the game of Hockey in their respective Districts. The 35^th respondent Hockey Association is a registered body and the petitioner's United Hockey Club of Kovilpatti is affiliated to Thoothukudi District Hockey Association. All the Associations, right from State to Unit level are governed by their own by-laws and regulations. As per the by-law, all the Associations have to conduct elections for selecting office bearers to their Association once in three years. However, contrary to by-laws, the District Level Hockey Associations failed to comply with the requirement of conducting elections once in three years. Except Chennai and Virudhunagar Districts, all the other District Level Associations failed to hold elections to their Association.

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10/16

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https://www.mhc.tn.gov.in/judis

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W.P(MD)No.20129 of 2021

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3.The learned counsel appearing for the petitioner further submitted that as all the District Level Associations are defunct Societies, the sixth respondent should not allow the office bearers of District Level Associations to represent the District and take part in the deliberations of the sixth respondent and they have no right to cast their votes in the general body meeting of Hockey Unit of Tamil Nadu. The sixth respondent, which is a legal entity, is expected to follow the provisions of the Tamil Nadu Societies Registration Act and would have prohibit the District Level Associations to participate in its meeting. In this regard, the petitioner sent representations dated 20.10.2021 and 25.10.2021 to the Registrar of Co-operative Societies. Since the said representations have not been considered so far, the petitioner has filed the present Writ Petition.

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4.The learned counsel appearing for the sixth respondent submitted that the election for the sixth respondent was conducted on 08.09.2022 and the office bearers of the sixth respondent was elected. Further, one Renuga Lakshmi, former Secretary of the sixth respondent, filed a Original Application in O.A.No.584 of 2022 in C.S.No.186 of 2022 as against the respondents 2 and 4, wherein, this Court by order, dated 07.09.2022 stated that there is no legal impediment to conduct election for

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11/16

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https://www.mhc.tn.gov.in/judis

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W.P(MD)No.20129 of 2021

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the sixth respondent. Thereafter, the election was conducted on 08.09.2022. The office bearers were elected for the sixth respondent Association. The petitioner has filed the writ petition in the month of November, 2021 and no interim order was granted by this Court. In the mean time, challenging the election proceedings, dated 08.09.2022, the petitioner filed a Writ Petition in W.P(MD)No.22169 of 2022 before this Court and the same is pending and no interim order was granted in the aforesaid Writ Petition. Hence, the present Writ Petition is liable to be dismissed as infructuous.

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5.The learned counsel appearing for the respondents 10, 12, 14 to 16, 19 to 21, 24, 56 to 28, 30, 31, 34 to 36 submitted that the election has been conducted by the District Level Hockey Association and therefore, the prayer sought for by the petitioner has become infructuous and as such, no further adjudication is required in this Writ Petition. Further, according to the respondents 10, 12, 14 to 16, 19 to 21, 24, 56 to 28, 30, 31, 34 to 36, the prayer sought for by the petitioner is an omni-bus prayer and he cannot pray for such a prayer. Now, the election has been conducted on 08.09.2022 and the same is challenged in W.P(MD)No.22169 of 2022 and therefore, the said prayer is liable to be rejected. Further, he submitted that the election

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12/16

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https://www.mhc.tn.gov.in/judis

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W.P(MD)No.20129 of 2021

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conducted on 08.09.2022 has not been challenged and the said fact has also not been disputed by the petitioner.

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6.In view of the writ petition filed by the petitioner in W.P(MD)No.22169 of 2022 challenging the election proceedings, dated 08.09.2022 and the same is pending, the petitioner can agitate all his rights in the pending writ petition in W.P(MD)No.22169 of 2022 and the prayer sought for in the present Writ Petition has become infructuous and no further adjudication is required in this Writ Petition and the same is dismissed as infructuous. No costs. Consequently, connected Miscellaneous Petitions are closed.

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[D.K.K.,J.] [R.V.,J.] 03.01.2023

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NCC : Yes / No Index : Yes / No Internet : Yes

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13/16

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https://www.mhc.tn.gov.in/judis

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W.P(MD)No.20129 of 2021

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1.The Secretary, Union of India, Ministry of Youth Affairs and Sports, Department of Sports, Shastri Bhawan, New Delhi - 110 115.

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2.The General Secretary, Hockey India, B-1/e-14, Mohan Co-Operative Industrial Estate, Madhura Road, New Delhi - 110 044.

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3.Indian Olympic Association, Represented by its Secretary, Olympic Bhawan, B-29, Qutup Institutional Area, New Delhi - 110 016.

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4.Tamil Nadu Olympic Association, Represented by its General Secretary, Room No.78, Jawaharlal Nehru Stadium, Chennai - 600 003.

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5.Sports Development Authority of Tamil Nadu, Represented by its Member Secretary, No.116-A, Periyar EVR High Road, Nehru Park, Chennai - 600 084.

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https://www.mhc.tn.gov.in/judis

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14/16

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W.P(MD)No.20129 of 2021

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6.Hockey Unit of Tamil Nadu, Represented by its Secretary, 29/14, Karpagambal Apartments, 2^nd Main Road, Raja Annamalaipuram, Chennai - 600 026.

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7.The Inspector General of Registration, No.100, Santhome High Road, Pattinampakkam, Santhome, Chennai - 600 028.

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8.The District Registrar, District Registration Office, 182, Bharathi Salai, Royapettah, Chennai.

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15/16

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https://www.mhc.tn.gov.in/judis

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W.P(MD)No.20129 of 2021

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D.KRISHNAKUMAR,J. and R.VIJAYAKUMAR,J.

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ORDER MADE IN W.P(MD)No.20129 of 2021

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DATED : 03.01.2023

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16/16

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https://www.mhc.tn.gov.in/judis

Vijayakumar. J (Ex-Army) v. the Union of India

Case brief

What is this about?

What did the court decide?

Vijayakumar. J (Ex-Army) v. the Union of India

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

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Coram

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