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Champakulam Boat Club vs The District Collector
2022 Latest Caselaw 9911 Ker

Citation : 2022 Latest Caselaw 9911 Ker
Judgement Date : 31 August, 2022

Kerala High Court
Champakulam Boat Club vs The District Collector on 31 August, 2022
               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                  THE HONOURABLE MR.JUSTICE V.G.ARUN
     WEDNESDAY, THE 31ST DAY OF AUGUST 2022 / 9TH BHADRA, 1944
                       WP(C) NO. 27972 OF 2022
PETITIONERS:

    1     CHAMPAKULAM BOAT CLUB,
          CHAMPAKULAM P.O
          ALAPPUZHA REPRESENTED BY ITS SECRETARYM C KUNJAPPAN,
          PIN - 611515
    2     ST JOHNS BOAT CLUB,
          THEKKEKARA P.O MONKOMPU,
          ALAPPUZHA , REPRESENTED BY ITS SECRETARY LIJO JOHN, PIN
          - 688503
          BY ADVS.
          MANU GOVIND
          A.JAYASANKAR
          AYESHA MARIA JOHN


RESPONDENTS:

    1     THE DISTRICT COLLECTOR
          CIVIL STATION WARD, ALAPPUZHA, KERALA, PIN - 688001
    2     NEHRU TROPHY BOAT RACE SOCIETY
          ALAPPUZHA, REPRESENTED BY ITS SECRETARY SUB COLLECTOR,
          ALAPPUZHA., PIN - 688001
    3     THE EXECUTIVE ENGINEER AND CONVENER INFRASTRUCTURE
          COMMITTEE NEHRU TROPHY BOAT RACE 2022
          OFFICE OF THE COLLECTORATE ALAPPUZHA CIVIL STATION
          WARD, ALAPPUZHA, PIN - 688001
    4     THE CHAIRMAN
          NEHRU TROPHY BOAT RACE SOCIETY ALAPPUZHA (DISTRICT
          COLLECTOR, ALAPPUZHA) CIVIL STATION WARD, ALAPPUZHA,,
          PIN - 688001

OTHER PRESENT:

          0
 WPC No.27972/2022                 2



            GP RAJEEV JYOTHISH GEORGE



    THIS WRIT PETITION (CIVIL) HAVING COME UP    FOR
ADMISSION ON 31.08.2022, THE COURT ON THE SAME   DAY
DELIVERED THE FOLLOWING:
 WPC No.27972/2022                    3


                             V.G.ARUN J.
                  -------------------------------------
                    W.P.(C) No.27972 of 2022
                   ---------------------------------
              Dated this the 31st day of August 2022

                               JUDGMENT

Petitioners are Boat Clubs participating in the Boat Race held

in the State. Grievance of the petitioners is regarding clause No.18

of Ext.P2 guidelines issued in connection with the 68th Nehru

Trophy Boat Race to be conducted on 4/9/2022. Clause 18 requires

the participants to use Oars made of palm wood. Petitioners

submit that all through out, they have been participating using

wooden Oars, and introduction of a new clause will affect their

winning chance detrimentally.

2. Learned Government Pleader submits that certain

complaints were received against use of wooden Oars by the first

petitioner team during the Moolam Boat Race. After finding

substance in the complaint, Clause No.18 was incorporated in

Ext.P2 guidelines. It is submitted that, as per instructions received

all through out, the practice has been to use Oars made of palm

wood and only the members of the first petitioner are allegedly

using fibre and wooden Oars.

3. Having heard the learned counsel on either side, I am of the

opinion that the dispute involved herein cannot be resolved in

proceedings under Article 226.

4. Therefore, the writ petition is disposed of directing the

second respondent to consider Exts.P3 and P4 representations

submitted by the petitioners immediately, if necessary by affording

an opportunity of hearing to the other participating teams also.

Considering that the Nehru Trophy Boat race is scheduled to be

held on 4/9/2022, the second respondent shall pass orders on

Exts.P3 and P4 on or before 3/9/2022.

Learned counsel for the petitioner submitted that the

petitioners are willing to appear at the office of the second

respondent at 3.p.m. on 2/9/2022. If so, the second respondent

shall hear the petitioners on the same day.

Sd/-

V.G.ARUN Judge dpk

APPENDIX OF WP(C) 27972/2022

PETITIONER EXHIBITS Exhibit P1 COPY OF THE GUIDELINES DATED 27.07.2019 ISSUED IN 2019 FOR THE 67TH BOAT RACE Exhibit P2 COPY OF THE GUIDELINES DATED 25.08.2022 ISSUED BY THE 1ST RESPONDENT ON 27.08.2022 Exhibit P3 COPY OF THE REPRESENTATION DATED 27.08.2022 FROM THE 1ST PETITIONER TO THE 2ND RESPONDENT Exhibit P4 COPY OF THE REPRESENTATION DATED 27.08.2022 FROM THE 2ND PETITIONER TO THE 2ND RESPONDENT

 
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