✦ High Court of India · 22 May 2025

CORAMTHE HONOURABLE MR JUSTICE G. R. SWAMINATHANANDTHE HONOURABLE MR JUSTICE v. LAKSHMINARAYANANCMP No

Case Details High Court of India · 22 May 2025
Court
High Court of India
Decided
22 May 2025
Length
1,054 words

CMP No. 12205 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 22-05-2025CORAMTHE HONOURABLE MR JUSTICE G. R. SWAMINATHANANDTHE HONOURABLE MR JUSTICE V. LAKSHMINARAYANANCMP No. 12205 of 2025INOSA NO. 277 OF 2019Chennai Football AssociationRep by its Secretary E.Sugumaran, No.9/23, North Madha Church Street, Royapuram, Chennai- 600 013Appellant(s)VsTamil Nadu Football AssociationRep by its Administrative Committee, 73 Jawaharlal Nehru Stadium, Park Town, Chennai-600003 AND 9 OTHERSRespondent(s)For Appellant(s): Mr.Sricharan Rangarajan forS.Mahesh KumarFor Respondent: Ms.Kanimozhi Mathi for R1 https://www.mhc.tn.gov.in/judis CMP No. 12205 of 2025ORDER(Order of the Court was made by V.Lakshminarayanan J.)By an order dated 20.09.2023 in O.S.A.Nos.277 & 281 of 2019, this Court had formed an Administrative Committee under the Chairmanship of the Hon'ble Mr.Justice A.K.Rajan and four other members to administer the Tamil Nadu Football Association. The Administrative Committee was requested by this Court to continue to administer the Association till a new Administrative Body is elected and approved. A direction was also given that the Administrative Committee should first conduct election for the District Football Associations wherever there are no Office Bearers and thereafter, to hold elections for the Tamil Nadu Football Association. Parties were also granted liberty to approach the Division Bench for clarification or further direction, if the necessity so arises. 2. The present petition is for a direction to the 1st respondent / Administrative Committee to include the petitioner Association in the electoral list. The reason for such an application is that on 21.04.2025, the Election https://www.mhc.tn.gov.in/judis CMP No. 12205 of 2025Officer, following the directions of the Administrative Committee on 18.04.2025 had decided to conduct an election for the Tamil Nadu Football Association excluding the District Associations of Coimbatore, Tiruchirapalli, Chennai, Krishnagiri, Dharmapuri and Kanyakumari. 3. The applicant before us is the Secretary of the Chennai Football Association (CFA). According to him, there is no dispute which is pending with respect to the applicant Association and therefore, it should be included in the list of eligible District Football Associations. 4. A perusal of the proceedings of the Administrative Committee points out that the Committee had originally approved the applicant claim to represent the CFA. Thereafter, pursuant to an order passed on 27.01.2025, the Chairman of the Administrative Committee came to a conclusion as the Annual General Body Meeting was held in the teeth of the orders passed in O.A.Nos.19 of 2024 and 593 of 2023, the entire Annual General Body Meeting that was conducted for CFA on 24.07.2024 is null and void. On the basis of this proceeding, the https://www.mhc.tn.gov.in/judis CMP No. 12205 of 2025CFA has been excluded. 5. Mr.Sricharan Rangarajan representing Mr.S.Maheshkumar points out the original resolution of the Administrative Committee was to exclude District Football Associations where disputes are pending with respect to the Office Bearers. This, he states has been modified by order dated 27.01.2025. 6. Ms.Kanimozhi Mathi, a member of the Administrative Committee and also a counsel practising in this Court appearing for the Committee referred to the proceeding dated 27.01.2025 to urge that as the Annual General Meeting of CFA itself has been invalidated, CFA was not included in the list of eligible District Football Associations. 7. We have carefully considered the rival submissions of both sides and have gone through the records. 8. The proceeding of the Administrative Committee dated 14.08.2024 https://www.mhc.tn.gov.in/judis CMP No. 12205 of 2025shows that the exclusion from elections should be only for District Football Associations, over whom, there is a dispute with respect to office bearers. The order dated 27.01.2025 came to be passed pursuant to a direction that had been given by a learned single Judge on 26.06.2024. 9. The playing field cannot be changed, once the Committee has taken a decision on 14.08.2024. We should point out that the Hon'ble Mr.Justice G.K.Ilanthiraiyan in O.A.No.498 of 2024 had dismissed the original application on 21.10.2024 recording the AGM of CFA has been held and no interference is required. 10. Furthermore, the orders seem to have been passed under Section 9 of the Arbitration and Conciliation Act, 1996. By the very nature of the orders, they are only interlocutory and would operate, till arbitration proceedings are initiated. 11. Mr.Sricharan Rangarajan is clear that no arbitration proceedings have https://www.mhc.tn.gov.in/judis CMP No. 12205 of 2025been initiated by any of the applicants who have moved this Court under Section 9 of the Arbitration and Conciliation Act. Section 9 is not a stand alone proceeding. It has to be followed up by an arbitration proceedings. No final orders deciding the rights and liabilities of the parties can be decided in an order under Section 9. It is in the nature of order of temporary injunction passed under Order 39 of Rule 1 & 2 of Code of Civil Procedure. No application has been initiated for appointment of an Arbitrator under Section 11 and no claim petition has been filed seeking for a declaration that the AGM proceedings dated 24.07.2024 are null and void. A prima facie conclusion arrived at by the Committee cannot be a ground to disqualify an Association. 12. In the light of the above discussion, we are inclined to allow this petition. Accordingly, C.M.P.No.12205 of 2025 stands allowed. The Chennai Football Association shall nominate its delegates by tomorrow i.e., 23.05.2025. 13. After the order has pronounced, Ms.Kanimozhi Mathi stated that the Committee will abide by the order of the Court and since she is present by a https://www.mhc.tn.gov.in/judis CMP No. 12205 of 2025video conferencing at the time of pronouncement of this order, she will ensure that the delegates are permitted to vote without awaiting for a certified copy of this order.(G.R.S., J.)(V.L.N., J.)22-05-2025Index:Yes/NoSpeaking/Non-speaking orderInternet:YesNeutral Citation:Yes/No https://www.mhc.tn.gov.in/judis CMP No. 12205 of 2025To1.Tamilnadu Football AssociationRep by its Administrative Committee, 73 Jawaharlal Nehru Stadium, Park Town, Chennai-6000032.J.Jesiah Villavarayar39 Emperor Street, Thoothukudi 6280013.C.Sivanandans/o Kulandaivelu, No.116 Natarajapuram, South Colony, 7th cross, Medical College Road, Thanjavur4.KRadhakrishnan228 gangainathi street, thillaingar, gandhinagar po, vadakuthu, kurinjipadi tk, cuddalore-6073025.N.Balsubramanianno.13 periyanna street, kaikalanthotum, erode-6380016.R.Rajasekaranpoomillam, shaw avenue, kalaivanar salai, chitlapakkam, chennai-6000647.P.N.Ravikumar117 gandhi main road, s.v.nagar, oragadam, ambattur, chennai https://www.mhc.tn.gov.in/judis CMP No. 12205 of 20258.Suresh J. Manoharan347 n.r.towers, 3rd floor, opp to Naveen bakery, anna nagar, madurai-6250209.Pennar Junior Fcrep by its Secretary C.Sasikumar, 3/210 A, ARS Nagar, Kavaripattinam, Krishnagirir Distirct - 635 11210.Krishnagiri District Foodball Associationrep by its Secretary , C,.Sasikumar, 32, Bharathiyar Street, Newpet, Krishnagiri District. https://www.mhc.tn.gov.in/judis CMP No. 12205 of 2025G.R.SWAMINATHAN J.ANDV.LAKSHMINARAYANAN J.smv / kknCMP No. 12205 of 2025IN OSA NO. 277 OF 201922-05-2025

CMP No. 12205 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 22-05-2025CORAMTHE HONOURABLE MR JUSTICE G. R. SWAMINATHANANDTHE HONOURABLE MR JUSTICE V. LAKSHMINARAYANANCMP No. 12205 of 2025INOSA NO. 277 OF 2019Chennai Football AssociationRep by its Secretary E.Sugumaran, No.9/23, North Madha Church Street, Royapuram, Chennai- 600 013Appellant(s)VsTamil Nadu Football AssociationRep by its Administrative Committee, 73 Jawaharlal Nehru Stadium, Park Town, Chennai-600003 AND 9 OTHERSRespondent(s)For Appellant(s): Mr.Sricharan Rangarajan forS.Mahesh KumarFor Respondent: Ms.Kanimozhi Mathi for R1 https://www.mhc.tn.gov.in/judis CMP No. 12205 of 2025ORDER(Order of the Court was made by V.Lakshminarayanan J.)By an order dated 20.09.2023 in O.S.A.Nos.277 & 281 of 2019, this Court had formed an Administrative Committee under the Chairmanship of the Hon'ble Mr.Justice A.K.Rajan and four other members to administer the Tamil Nadu Football Association. The Administrative Committee was requested by this Court to continue to administer the Association till a new Administrative Body is elected and approved. A direction was also given that the Administrative Committee should first conduct election for the District Football Associations wherever there are no Office Bearers and thereafter, to hold elections for the Tamil Nadu Football Association. Parties were also granted liberty to approach the Division Bench for clarification or further direction, if the necessity so arises. 2. The present petition is for a direction to the 1st respondent / Administrative Committee to include the petitioner Association in the electoral list. The reason for such an application is that on 21.04.2025, the Election https://www.mhc.tn.gov.in/judis CMP No. 12205 of 2025Officer, following the directions of the Administrative Committee on 18.04.2025 had decided to conduct an election for the Tamil Nadu Football Association excluding the District Associations of Coimbatore, Tiruchirapalli, Chennai, Krishnagiri, Dharmapuri and Kanyakumari. 3. The applicant before us is the Secretary of the Chennai Football Association (CFA). According to him, there is no dispute which is pending with respect to the applicant Association and therefore, it should be included in the list of eligible District Football Associations. 4. A perusal of the proceedings of the Administrative Committee points out that the Committee had originally approved the applicant claim to represent the CFA. Thereafter, pursuant to an order passed on 27.01.2025, the Chairman of the Administrative Committee came to a conclusion as the Annual General Body Meeting was held in the teeth of the orders passed in O.A.Nos.19 of 2024 and 593 of 2023, the entire Annual General Body Meeting that was conducted for CFA on 24.07.2024 is null and void. On the basis of this proceeding, the https://www.mhc.tn.gov.in/judis CMP No. 12205 of 2025CFA has been excluded. 5. Mr.Sricharan Rangarajan representing Mr.S.Maheshkumar points out the original resolution of the Administrative Committee was to exclude District Football Associations where disputes are pending with respect to the Office Bearers. This, he states has been modified by order dated 27.01.2025. 6. Ms.Kanimozhi Mathi, a member of the Administrative Committee and also a counsel practising in this Court appearing for the Committee referred to the proceeding dated 27.01.2025 to urge that as the Annual General Meeting of CFA itself has been invalidated, CFA was not included in the list of eligible District Football Associations. 7. We have carefully considered the rival submissions of both sides and have gone through the records. 8. The proceeding of the Administrative Committee dated 14.08.2024 https://www.mhc.tn.gov.in/judis CMP No. 12205 of 2025shows that the exclusion from elections should be only for District Football Associations, over whom, there is a dispute with respect to office bearers. The order dated 27.01.2025 came to be passed pursuant to a direction that had been given by a learned single Judge on 26.06.2024. 9. The playing field cannot be changed, once the Committee has taken a decision on 14.08.2024. We should point out that the Hon'ble Mr.Justice G.K.Ilanthiraiyan in O.A.No.498 of 2024 had dismissed the original application on 21.10.2024 recording the AGM of CFA has been held and no interference is required. 10. Furthermore, the orders seem to have been passed under Section 9 of the Arbitration and Conciliation Act, 1996. By the very nature of the orders, they are only interlocutory and would operate, till arbitration proceedings are initiated. 11. Mr.Sricharan Rangarajan is clear that no arbitration proceedings have https://www.mhc.tn.gov.in/judis CMP No. 12205 of 2025been initiated by any of the applicants who have moved this Court under Section 9 of the Arbitration and Conciliation Act. Section 9 is not a stand alone proceeding. It has to be followed up by an arbitration proceedings. No final orders deciding the rights and liabilities of the parties can be decided in an order under Section 9. It is in the nature of order of temporary injunction passed under Order 39 of Rule 1 & 2 of Code of Civil Procedure. No application has been initiated for appointment of an Arbitrator under Section 11 and no claim petition has been filed seeking for a declaration that the AGM proceedings dated 24.07.2024 are null and void. A prima facie conclusion arrived at by the Committee cannot be a ground to disqualify an Association. 12. In the light of the above discussion, we are inclined to allow this petition. Accordingly, C.M.P.No.12205 of 2025 stands allowed. The Chennai Football Association shall nominate its delegates by tomorrow i.e., 23.05.2025. 13. After the order has pronounced, Ms.Kanimozhi Mathi stated that the Committee will abide by the order of the Court and since she is present by a https://www.mhc.tn.gov.in/judis CMP No. 12205 of 2025video conferencing at the time of pronouncement of this order, she will ensure that the delegates are permitted to vote without awaiting for a certified copy of this order.(G.R.S., J.)(V.L.N., J.)22-05-2025Index:Yes/NoSpeaking/Non-speaking orderInternet:YesNeutral Citation:Yes/No https://www.mhc.tn.gov.in/judis CMP No. 12205 of 2025To1.Tamilnadu Football AssociationRep by its Administrative Committee, 73 Jawaharlal Nehru Stadium, Park Town, Chennai-6000032.J.Jesiah Villavarayar39 Emperor Street, Thoothukudi 6280013.C.Sivanandans/o Kulandaivelu, No.116 Natarajapuram, South Colony, 7th cross, Medical College Road, Thanjavur4.KRadhakrishnan228 gangainathi street, thillaingar, gandhinagar po, vadakuthu, kurinjipadi tk, cuddalore-6073025.N.Balsubramanianno.13 periyanna street, kaikalanthotum, erode-6380016.R.Rajasekaranpoomillam, shaw avenue, kalaivanar salai, chitlapakkam, chennai-6000647.P.N.Ravikumar117 gandhi main road, s.v.nagar, oragadam, ambattur, chennai https://www.mhc.tn.gov.in/judis CMP No. 12205 of 20258.Suresh J. Manoharan347 n.r.towers, 3rd floor, opp to Naveen bakery, anna nagar, madurai-6250209.Pennar Junior Fcrep by its Secretary C.Sasikumar, 3/210 A, ARS Nagar, Kavaripattinam, Krishnagirir Distirct - 635 11210.Krishnagiri District Foodball Associationrep by its Secretary , C,.Sasikumar, 32, Bharathiyar Street, Newpet, Krishnagiri District. https://www.mhc.tn.gov.in/judis CMP No. 12205 of 2025G.R.SWAMINATHAN J.ANDV.LAKSHMINARAYANAN J.smv / kknCMP No. 12205 of 2025IN OSA NO. 277 OF 201922-05-2025

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