Kerala High Court
Kerala Handball Adhoc Committee vs Union Of India on 12 March, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 12TH DAY OF MARCH 2021 / 21ST PHALGUNA, 1942
WP(C).No.67 OF 2019(G)
PETITIONER/PETITIONER:
KERALA HANDBALL ADHOC COMMITTEE,
REPRESENTED BY ITS CHAIRMAN COLONEL
J.T. PALAMATTOM, PALAMATTAM HOUSE,
PERUMBRAMAVU P.O.,
KEEZHVAIPUR, PATHANAMTHITTA-689589.
BY ADVS.
SHRI.JOHN VARGHESE
SRI.A.L.GEORGE
RESPONDENTS/RESPONDENTS:
1 UNION OF INDIA,
REPRESENTED BY ITS SECRETARY,
MINISTRY OF YOUTH AFFAIRS AND SPORTS,
DEPARTMENT OF SPORTS,
SHASTRI BHAVAN, NEW DELHI-110001.
2 DIRECTOR GENERAL,
SPORTS AUTHORITY OF INDIA,
JAWAHARLAL NEHRU STADIUM COMPLEX (EAST GATE ),
LODHI ROAD, NEW DELHI-110003.
3 STATE OF KERALA,
REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF SPORTS AND YOUTH AFFAIRS,
SECRETARIAT, THIRUVANANTHAPURAM-695001.
4 KERALA STATE SPORTS COUNCIL,
STATUE JUNCTION, THIRUVANANTHAPURAM-695001,
REPRESENTED BY ITS SECRETARY.
5 INDIAN OLYMPIC ASSOCIATION,
OLYMPIC BHAVAN, B-29 QUTUB,
INSTITUTIONAL AREA, NEW DELHI-110016,
REPRESENTED BY ITS SECRETARY GENERAL.
6 HANDBALL FEDERATION OF INDIA,
ANANDESHWER PANDAY, C-1/8, NIRATA NAGAR,
LUCKNOW, UTTARPRADESH-226020,
REPRESENTED BY ITS SECRETARY GENERAL.
WP(C).No.67/2019(G)
2
7 KERALA HANDBALL ASSOCIATION (SUSPENDED),
REG.NO.91/1989, NAVAMALIKA,
T.C.NO.24/141, TSGRA-11, THYCAUD P.O.,
THIRUVANANTHAPURAM-695014,
REPRESENTED BY ITS SECRETARY, P.DAMODARAN.
R2 BY ADV. SRI. S.K. MADHU
R4 BY ADV. SMT.LATHA ANAND, SC
R5 BY ADV. SRI.ABRAHAM THOMAS (PUTHURAN)
R5 BY ADV. PARTH GOSWAMI
R6 BY ADV. SRI.BABU KARUKAPADATH
R6 BY ADV. SMT.M.A.VAHEEDA BABU
R6 BY ADV. SRI.K.M.FAISAL (KALAMASSERY)
R6 BY ADV. SRI.P.U.VINOD KUMAR
R6 BY ADV. SMT.V.R.LAKSHMI
R6 BY ADV. SRI.AVINASH P RAVEENDRAN
R7 BY ADV. DR.K.P.SATHEESAN (SR.)
R7 BY ADV. SRI.P.MOHANDAS (ERNAKULAM)
R7 BY ADV. SRI.S.VIBHEESHANAN
R7 BY ADV. SRI.S.K.ADHITHYAN
R7 BY ADV. SRI.SABU PULLAN
R3 BY GOVERNMENT PLEADER SRI. JUSTIN ANTONY
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
12.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.67/2019(G)
3
JUDGMENT
Dated this the 12th day of March, 2021
The Kerala Handball Adhoc Committee has filed this
writ petition seeking the following reliefs:
"a) Issue a declaration that the 7th respondent has
no authority to send teams for the national
championships and to hold any competitions in view of
Exhibits P-1 and P-6;
b) Issue a writ of mandamus or any other
appropriate writ order or direction directing the 4 th
respondent to de-recognize the 7th respondent till fresh
elections are held to the Kerala Handball Association as
per the Kerala Sports Act, 2000;
c) Issue a writ of mandamus or any other
appropriate writ order or direction directing the 4 th
respondent to provide financial assistance directly to the
members of the State teams being sent by affiliated
Adhoc committee;
d) Issue a writ of mandamus or any other
appropriate writ order or direction directing the 4 th
respondent and its District bodies to provide Observers
on request from the Adhoc Committee to take Exhibit P-1
to its logical conclusions."
2. When this writ petition came up for hearing today, it
was submitted by either side that all reliefs except relief No.c
WP(C).No.67/2019(G)
have become infructuous, due to subsequent events.
3. Relief No.c is for a direction to the 4 th respondent-
Kerala State Sports Council to provide financial assistance
directly to the members of the State teams being sent by
affiliated Adhoc Committees. The learned counsel for the
petitioner would contend that the Sports Council has not
released financial assistance to the participants in the 47 th
Senior Women National Handball Championship held from
06.01.2019 to 11.01.2019. Similarly, financial assistance are to
be extended to the Committee for participation of contestants in
the 35th Sub Junior Girls National Handball Championship held
from 09.02.2019 to 13.02.2019, 41 st Junior Boys National
Handball Championship held from 20.02.2019 to 25.02.2019,
47th Senior Men National Handball Championship held from
23.02.2019 to 28.02.2019 and 36th Sub Junior Girls National
Handball Championship held from 02.10.2019 to 06.10.2019.
4. The learned counsel appearing for the Sports
Council would submit that the Sports Council can extend
WP(C).No.67/2019(G)
financial assistance only in accordance with Regulation 30 of
the Grant-in-aid Regulations and only when an Observer of the
Sports Council has participated/supervised the tournament. It
is also submitted that a new Committee has been duly elected
for Kerala Handball Association, in the place of the petitioner-
Committee.
5. In the circumstances, the writ petition is disposed of
directing the 4th respondent to extend financial assistance to
the participants in the aforesaid tournaments, if an Observer of
the Sports Council has participated in the Selection Trials and
is otherwise eligible under Regulation 30. Such financial
assistance should be disbursed through the existing elected
Committee.
The petitioner-Kerala Handball Adhoc Committee is
directed to handover the documents and particulars of the
participants in the tournament, to the newly elected Committee.
The Kerala Handball Association will make a request to the 4 th
respondent in this regard within two weeks from the date of
WP(C).No.67/2019(G)
receipt of the documents from the petitioner herein and the
Sports Council shall disburse the eligible amount within 3
months from the date of receipt of a request from the Kerala
Handball Association.
Sd/-
N. NAGARESH
JUDGE
SR
WP(C).No.67/2019(G)
APPENDIX OF WP(C) 67/2019
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE LETTER DATED 24/11/2018
ISSUED BY THE SECRETARY GENERAL, HANDBALL
FEDERATION OF INDIA TO THE PETITIONER.
EXHIBIT P2 TRUE COPY OF THE LETTER DATED 29/11/2018
ISSUED BY THE PETITIONER TO THE 4TH
RESPONDENT.
EXHIBIT P3 TRUE COPY OF THE JUDGMENT DATED 11/12/2018
IN WP(C) NO.40201/2018 OF THIS HON'BLE
COURT.
EXHIBIT P4 TRUE COPY OF THE INTERIM ORDER DATED
21/12/2018 IN WP(C) NO.41691/2018 OF THIS
HON'BLE COURT.
EXHIBIT P5 TRUE COPY OF THE LETTER DATED 26/12/2018
ISSUED BY THE 6TH RESPONDENT TO THE 4TH
RESPONDENT.
EXHIBIT P6 TRUE COPY OF THE CIRCULAR DATED 17/11/2018
ISSUED BY THE 6TH RESPONDENT.
EXHIBIT P7 TRUE COPY OF THE REQUEST MADE TO THE 4TH
RESPONDENT DATED 26/12/2018.
EXHIBIT P7A TRUE COPY OF THE REQUEST MADE TO THE 4TH
RESPONDENT DATED 26/12/2018.
EXHIBIT P8 TRUE COPY OF THE ENTRY DATED 28/12/2018
SUBMITTED BY THE PETITIONER TO THE 6TH
RESPONDENT.
EXHIBIT P9 TRUE COPY OF THE REPORT OF THE TEAM MANAGER
FOR 41ST JUNIOR BOYS NATIONAL HANDBALL
CHAMPIONSHIP DT. 03-03-2019.
EXHIBIT P10 TRUE COPY OF THE REPORT OF THE TEAM MANAGER
FOR 47TH SENIOR (MEN) NATIONAL HANDBALL
CHAMPIONSHIP DT. 10-03-2019.
EXHIBIT P11 TRUE COPY OF THE LETTER DATED 17.05.2019
WP(C).No.67/2019(G)
ISSUED BY THE 6TH RESPONDENT
EXHIBIT P12 TRUE COPY OF THE LETTER DATED 10.08.2019
ISSUED BY THE 6TH RESPONDENT.
RESPONDENTS' EXHIBITS:
EXHIBIT R7(A) TRUE COPY OF THE MINUTES OF THE ELECTION
GENERAL BODY MEETING OF THE KERALA HANDBALL
ASSOCIATION HELD ON 10-11-2018 IN THE
PRESENCE OF THE OBSERVER NOMINATED BY THE
KERALA STATE SPORTS COUNCIL AND CHAIRED BY
THE WRIT PETITIONER FOR ELECTING THE OFFICE
BEARERS.
EXHIBIT R7(B) TRUE COPY OF THE NOTICE DATED 20-10-2018 OF
THE ELECTION GENERAL BODY MEETING OF THE
KERALA HANDBALL ASSOCIATION SCHEDULES ON
10-11-2018.
EXHIBIT R7(C) TRUE COPY OF THE RECORD OF COMMUNICATION OF
EXHIBIT R7(b) NOTICE SENT TO THE SECRETARY
GENERAL OF THE HANDBALL FEDERATION OF INDIA
THROUGH E-MAIL ON 26-10-2018 AT 3.59p.m.
EXHIBIT R7(D) TRUE COPY OF PROCEEDINGS
No.KSSC/C3/5949/2018 DATED 30-11-2018 THE
KERALA STATE SPORTS COUNCIL APPROVING THE
ELECTION OF OFFICE BEARERS OF THE 7TH
RESPONDENT-KERALA HANDBALL ASSOCIATION.
EXHIBIT R7(E) TRUE COPY OF THE LETTER ISSUED BY THE
KERALA STATE SPORTS COUNCIL APPOINTING
OBSERVER DATED 03/04/2018.
EXHIBIT R7(F) TRUE COPY OF THE MINUTES OF THE PROCEEDINGS
REGARDING THE CONDUCT OF ELECTION TO
THIRUVANANTHAPURAM DISTRICT HANDBALL
ASSOCIATION DATED 04/04/2018.
EXHIBIT R7(G) TRUE COPY OF THE LETTER ISSUED BY THE
KERALA STATE SPORTS COUNCIL APPOINTING
OBSERVER DATED 23/02/2018.
EXHIBIT R7(H) TRUE COPY OF THE MINUTES OF THE PROCEEDINGS
REGARDING THE CONDUCT OF ELECTION TO KOLLAM
DISTRICT HANDBALL ASSOCIATION DATED
25/02/2018 FORWARDED TO THE KERALA STATE
SPORTS COUNCIL BY COVERING LETTER DATED
26/02/2018.
WP(C).No.67/2019(G)
EXHIBIT R7(I) TRUE COPY OF THE LETTER ISSUED BY THE
KERALA STATE SPORTS COUNCIL APPOINTING
OBSERVER DATED 10/08/2018.
EXHIBIT R7(J) TRUE COPY OF THE MINUTES OF THE PROCEEDINGS
REGARDING THE CONDUCT OF ELECTION TO
ALAPPUZHA DISTRICT HANDBALL ASSOCIATION
DATED 12/08/2018.
EXHIBIT R7(K) TRUE COPY OF THE LETTER ISSUED BY THE
KERALA STATE SPORTS COUNCIL APPOINTING
OBSERVER DATED 17/05/2017.
EXHIBIT R7(L) TRUE COPY OF THE MINUTES OF THE PROCEEDINGS
REGARDING THE CONDUCT OF ELECTION TO IDUKKI
DISTRICT HANDBALL ASSOCIATION DATED
21/05/2017.
EXHIBIT R7(M) TRUE COPY OF THE LETTER ISSUED BY THE
KERALA STATE SPORTS COUNCIL APPOINTING
OBSERVER DATED 19/05/2017.
EXHIBIT R7(N) TRUE COPY OF THE MINUTES OF THE PROCEEDINGS
REGARDING THE CONDUCT OF ELECTION TO
THRISSUR DISTRICT HANDBALL ASSOCIATION
DATED 20/05/2017.
EXHIBIT R7(O) TRUE COPY OF THE LETTER ISSUED BY THE
KERALA STATE SPORTS COUNCIL APPOINTING AN
OBSERVER DATED 16/06/2017.
EXHIBIT R7(P) TRUE COPY OF THE MINUTES OF THE PROCEEDINGS
REGARDING THE CONDUCT OF ELECTION TO
KOZHIKODE DISTRICT HANDBALL ASSOCIATION
DATED 20/06/2017.
EXHIBIT R7(Q) TRUE COPY OF THE LETTER ISSUED BY THE
KERALA STATE SPORTS COUNCIL APPOINTING AN
OBSERVER DATED 08/08/2018.
EXHIBIT R7(R) TRUE COPY OF THE MINUTES OF THE PROCEEDINGS
REGARDING THE CONDUCT OF ELECTION TO
WAYANAD DISTRICT HANDBALL ASSOCIATION DATED
09/08/2018.
EXHIBIT R7(S) TRUE COPY OF THE LETTER ISSUED BY THE
KERALA STATE SPORTS COUNCIL APPOINTING AN
WP(C).No.67/2019(G)
OBSERVER DATED 08/08/2018.
EXHIBIT R7(T) TRUE COPY OF THE MINUTE OF THE PROCEEDINGS
REGARDING THE CONDUCT OF ELECTION TO KANNUR
DISTRICT HANDBALL ASSOCIATION DATED
10/08/2018.
EXHIBIT R7(U) TRUE COPY OF THE LETTER ISSUED BY THE
KERALA STATE SPORTS COUNCIL APPOINTING AN
OBSERVER DATED 08/08/2018.
EXHIBIT R7(V) TRUE COPY OF THE MINUTES OF THE PROCEEDINGS
REGARDING THE CONDUCT OF ELECTION TO
KASARAGOD DISTRICT HANDBALL ASSOCIATION
DATED 09/08/2018.
