Kerala Wushu Association vs State Of Kerala
2022 Latest Caselaw 1433 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 2ND DAY OF FEBRUARY 2022 / 13TH MAGHA, 1943
                   WP(C) NO. 4012 OF 2019
PETITIONER/S:

          KERALA WUSHU ASSOCIATION
          III FLOOR, HOTEL AGAR BUILDING, KOTTACKAL P.O.,
          MALAPPURAM DISTRICT,PIN-676 503, REPRESENTED BY
          ITS GENERAL SECRETARY, P.RAVEENDRAN
          BY ADVS.
          A.A.ZIYAD RAHMAN
          SRI.V.S.SHIRAZ BAVA
          LAL K.JOSEPH
          ANZIL SALIM


RESPONDENT/S:

    1     STATE OF KERALA
          REPRESENTED BY ITS SECRETARY,
          DEPARTMENT OF SPORTS AND YOUTH AFFAIRS,
          SECRETARIAT, THIRUVANANTHAPURAM
    2     THE KERALA STATE SPORTS COUNCIL,
          STATUE, THIRUVANANTHAPURAM, PIN-695 001,
          REPRESENTED BY ITS SECRETARY
    3     THE MALAPPURAM DISTRICT SPORTS COUNCIL
          CIVIL STATION, MALAPPURAM PIN-676 505
          REPRESENTED BY ITS SECRETARY
    4     S.S.SUNIL
          ATHAM,TC 27/687 VANCHIYOOR P.O.,
          THIRUVANANTHAPURAM
                                        -2-
W.P.(C). No. 4012 of 2019



               BY ADVS.
               SMT.LATHA ANAND
               DR.K.P.SATHEESAN (SR.)
               SRI.P.MOHANDAS (ERNAKULAM)
               SRI.S.VIBHEESHANAN
               SRI.K.SUDHINKUMAR
               SRI.S.K.ADHITHYAN
               SRI.MUHAMMED IBRAHIM ABDUL SAMAD
               SRI.SABU PULLAN


OTHER PRESENT:

               ADV B.S. KRISHNAN ASSOCIATES-SC



        THIS      WRIT      PETITION   (CIVIL)   HAVING   COME    UP    FOR
ADMISSION         ON    02.02.2022,    THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
                                                     -3-
W.P.(C). No. 4012 of 2019



                            P.V.KUNHIKRISHNAN, J.
                              =================================================

                             W.P. (C) No. 4012 of 2019
                        =============================================================

                  Dated this the 2nd day of February, 2022

                                        JUDGMENT

The above writ petition is filed with following prayers:

"i) Issue a writ of certiorari or any other appropriate writ or order quashing Ext.P4.

ii) Issue a writ of mandamus or any other appropriate writ or order directing the 2nd respondent not to provide any benefits or grants in connection with the any events or matters concerned with the sports discipline "Wushu" to the 4th respondent herein or to any organisation to which he claims to be one of the office bearers.

iii) Issue a writ of mandamus or any other appropriate writ or order directing the 2nd respondent to prevent the 4th respondent from conducting any sports events in the sports discipline "Wushu".

iv) Pass such other orders, which this honourable court may deem fit in the facts and circumstances of the case."

2. According to the petitioner, the petitioner is a

W.P.(C). No. 4012 of 2019

registered Association as per the provision of Societies

Registration Act, and it is a sports organisation in the sports

discipline named "Wushu". Wushu is a form of martial arts

having its origin in China. It is the case of the petitioner that

over a period of time, it got popularity all over the countries and

in Kerala also the said martial arts form is being studied and

practiced. The petitioner filed this writ petition aggrieved by

the alleged action of the 2nd respondent Council in granting

affiliation to the faction of the organisation lead by the 4 th

respondent herein, which, according to the petitioner, is not an

association functioning in the manner contemplated under Rule

56 of the Kerala Sports Rules, 2008. Earlier, the disputes

between the two factions were settled by the 2 nd respondent as

per Ext.P4 decision granting recognition to the faction

representing the 4th respondent. Later, according to the

petitioner, the petitioner organisation conducted elections to its

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governing committee and the present management committee

came into power. In the said committee, according to the

petitioner, the 4th respondent is not a party at all. But, even after

the new committee has taken charge of the petitioner

association, it is the case of the petitioner that, the 2 nd

respondent is not approving the present committee of the

petitioner and continuing to extent the aid, grants and other

benefits to the 4th respondent. It is the specific case of the

petitioner that such actions on the part of the 2 nd respondent

without considering the stipulations contained in Rule 56 of the

Kerala Sports rules, 2008 and Regulation 4 of the Kerala Sports

Council Grant-in-Aid Regulations, 2013 is illegal. Hence, this

writ petition.

3. Heard the learned counsel for the petitioner, the

learned Standing Counsel for the 2nd and 3rd respondents and

also the learned counsel for the 4 th respondent. I also heard the

W.P.(C). No. 4012 of 2019

learned Government Pleader for the 1st respondent.

4. According to the petitioner the 2nd respondent had

introduced Kerala Sports Council Grant-in-Aid Regulations,

2013, which came into force with effect from 04.01.2013.

Regulation 4A of the same provides for the conditions for

providing funds to the Sports organisation. It is the case of the

petitioner that the 2nd respondent is disbursing the fund to an

organization which is not complying the conditions in

Regulation 4A and rule 56 of the Kerala Sports Rules, 2008.

5. The counsel for the 4th respondent submits that they

are the recognised association and as per Ext.P4 their

association was recognised by a consent. A counter affidavit is

filed by the 4th respondent disputing the averments in the writ

petition.

6. After hearing both sides, it is clear that, there is a

W.P.(C). No. 4012 of 2019

dispute between the petitioner and the 4th respondent about the

recognition of the association. According to the petitioner, the

4th respondent is not a recognised association as per rule 56 of

the Kerala Sports Rules, 2008 and the 4 th respondent did not

fulfill the conditions in Regulation 4 of the Kerala Sports

Council Grant-in-Aid Regulations, 2013. In such a situation, I

think, this point can be decided by the 2 nd respondent after

giving an opportunity of hearing to the petitioner and the 4 th

respondent. A time frame also can be fixed so that the issue can

be settled finally.

Therefore, this writ petition is disposed of in the following

manner:

1. The Secretary of the 2nd respondent - Sports Council will consider the eligibility of the petitioner association and also the eligibility of the 4 th respondent in the light of Rule 56 of the Kerala Sports Rules, 2008 and Regulation 4 of the Kerala

W.P.(C). No. 4012 of 2019

Sports Council Grant-in-Aid Regulations, 2013, and also based on the other statutory provisions of the Act and Rules, after giving an opportunity of hearing to the petitioner and the 4th respondent, as expeditiously as possible, at any rate within two months from the date of receipt of a copy of this judgment.

2. Till a decision is taken by the 2 nd respondent, status-

quo as on today will continue.

sd/-

P.V.KUNHIKRISHNAN JUDGE das

W.P.(C). No. 4012 of 2019

APPENDIX OF WP(C) 4012/2019

PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE CERTIFIED COPY OF THE CONSTITUTION AND BYELAWS OF PETITIONER ASSOCIATION EXHIBIT P2 TRUE COPY OF THE CERTIFICATE DATED 15/07/2000 EXHIBIT P3 TRUE COPY OF THE JUDGMENT DATED 16/09/2008 IN WP(C) 27562/2008 EXHIBIT P4 TRUE COPY OF THE MINUTES OF THE MEETTING HELD ON 27/07/2015 EXHIBIT P5 TRUE COPY OF THE ACKNOWLEDGEMENT EVIDENCING THE SUBMISSION OF THE NAMES OF GOVERNING COUNCIL MEMBERS, DATED 30/5/2018 ALONG WITH TH LIST O THE MEMBERS OF THE GOVERNING COUNCIL EXHIBIT P6 TRUE COPY OF THE NOTICES DATED 28/06/2017 Exhibit P7 TRUE COPY OF THE LIST OF THE GOVERNING BODIES SUBMITTED BEFORE THE DISTRICT REGISTRAR(GENERAL) MALAPPURAM FOR THE YEARS 2019-20 OBTAINED UNDER THE RIGHT TO INFORMATION ACT, 2005.

Exhibit P7(a) TRUE COPY OF THE LIST OF THE GOVERNING BODIES SUBMITTED BEFORE THE DISTRICT REGISTRAR(GENERAL) MALAPPURAM FOR THE YEARS 2020-21 OBTAINED UNDER THE RIGHT TO INFORMATION ACT, 2005.

Exhibit P7(b) TRUE COPY OF THE LIST OF THE GOVERNING BODIES SUBMITTED BEFORE THE DISTRICT REGISTRAR(GENERAL) MALAPPURAM FOR THE YEARS 2021-22 OBTAINED UNDER THE RIGHT TO INFORMATION ACT, 2005.

W.P.(C). No. 4012 of 2019

Exhibit P8 TRUE COPY OF THE ORDER NO. S.2/6727/18 DATED 27/04/2020 OF THE DISTRICT REGISTRAR(GENERAL).

Exhibit P9 TRUE COPY OF THE COMPLAINT DATED 10/1/2022 SUBMITTED BEFORE THE STATION HOUSE OFFICER, VANCHIYOOR POLICE STATION.

RESPONDENT EXHIBITS EXHIBIT R4(a) TRUE COPY OF THE LETTER GIVEN BY THE GENERAL SECRETARY OF WUSHU ASSOCIATION OF INDIA DATED 26-12-2018 EXHIBIT R4(b) TRUE COPY OF THE CERTIFICATE ISSUED BY THE KERALA OLYMPIC ASSOCIATION DATED 6-3-2019 EXHIBIT R4(c) TRUE COPY OF THE CERTIFICATE ISSUED BY THE 2ND RESPONDENT SHOWING THAT THE 4TH RESPONDENT IS THE AFFILIATED ASSOCIATION DATED 6-3-2019 EXHIBIT R4(d) TRUE COPY OF THE GOVERNMENT ORDER G.O.

(Rt) NO.2874/2008/G EDN. DATED 23-06- 2008 ISSUED BY THE FIRST RESPONDENT.

EXHIBIT R4(e) TRUE COPY OF THE JUDGMENT DATED 16.09.2008 IN WPC NO.27562/2008 EXHIBIT R4(f) TRUE COPY OF THE PROCEEDINGS OF THE KERALA STATE SPORTS COUNCIL DATED 28.07.2015 EXHIBIT R4(g) TRUE COPY OF THE MINUTES OF THE GENERAL BODY MEETING OF THE KERALA WUSHU ASSOCIATION HELD ON 29.07.2015 EXHIBIT R4(h) TRUE COPY OF THE MINUTES OF THE MEETING OF THE KERALA WUSHU ASSOCIATION HELD ON 29.10.2018

W.P.(C). No. 4012 of 2019

EXHIBIT R4(i) LIST OF PERSONS WHO WON IN THE NATIONAL LEVEL COMPETITION CONDUCTED BY WUSHU ASSOCIATION OF INDIA PREPARED BY THE 4TH RESPONDENT