Ernakulam Jilla Cycling ... vs Kerala State Sports Council
2023 Latest Caselaw 8691 Ker

WP(C) NO. 26164 OF 2023             1



                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
             THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
  WEDNESDAY, THE 9TH DAY OF AUGUST 2023 / 18TH SRAVANA, 1945
                          WP(C) NO. 26164 OF 2023
PETITIONER/S:

              ERNAKULAM JILLA CYCLING ASSOCIATION
              REG. EKM/TC/353/2021, IST FLOOR, A.T.M.M. CLAN
              BUILDING, J.L.N.I STADIUM LINK ROAD, PALARIVATTOM,
              COCHIN, REPRESENTED BY ITS SECRETARY, PIN - 682025

              BY ADVS.
              R.RENJITH
              SAFAL P. SALIM



RESPONDENT/S:

      1       KERALA STATE SPORTS COUNCIL
              YMCA ROAD, BEHIND GOVERNMENT SECRETARIAT, STATUE ,
              THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY,
              PIN - 695001

      2       THE ERNAKULAM DISTRICT SPORTS COUNCIL
              STADIUM COMPLEX, P.T.USHA ROAD, COCHIN, REPRESENTED
              BY ITS SECRETARY, PIN - 682011

      3       KERALA CYCLING ASSOCIATION
              SREE SHYLAM, T.C. 49/537, STUDIO ROAD, NEMOM P.O.,
              THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY,
              PIN - 695020

      4       CYCLING ASSOCIATION, ERNAKULAM
              MUNDAKKAI PADAM HOUSE, PAINADATH COLONY, ELOOR
              EAST, UDYOGMANDAL P.O., ERNAKULAM REPRESENTED BY
              ITS SECRETARY, PIN - 683501


OTHER PRESENT:
 WP(C) NO. 26164 OF 2023                  2


              SMT.LATHA ANAND, SC FOR R1 & R2


       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   09.08.2023,          THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 26164 OF 2023             3




                       P.V.KUNHIKRISHNAN, J
                   ---------------------------------------
                     W.P.(C.) No. 26164 of 2023
                    --------------------------------------
               Dated this the 9th day of August, 2023


                              JUDGMENT

The above writ petition is filed with following prayers :

"(a) Issue a writ in the nature of mandamus commanding the 2nd respondent to consider and pass orders on Exhibit P6 representation within stipulated time period after affording an opportunity of being heard to the petitioner as also the 4 th respondent.

ii. Issue such other relief's as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case." [SIC]

2. When this writ petition came up for consideration,

the learned counsel for the petitioner submitted that the

petitioner will be satisfied if a direction is issued to the 2 nd

respondent to consider Ext.P6 within a time frame.

3. Heard the learned counsel appearing for the 1st and

2nd respondents also.

4. After hearing both sides, I think that prayer can be

allowed.

Therefore, this writ petition is disposed of with the

following directions :

1) The 2nd respondent is directed to consider and pass

appropriate orders in Ext.P6 after giving an opportunity

of hearing to the petitioner and respondent Nos.3 and 4

as expeditiously as possible, at any rate, within two

months from the date of receipt of a certified copy of

this judgment.

2) The petitioner will produce a certified copy of this

judgment along with a copy of this writ petition before

the 2nd respondent for compliance.

Sd/-

P.V.KUNHIKRISHNAN JUDGE SKS

APPENDIX OF WP(C) 26164/2023

PETITIONER EXHIBITS

Exhibit P1 TRUE PHOTOSTAT COPY OF THE ORDER OF INTERIM PROHIBITORY INJUNCTION DATED 22- 10-2021 PASSED BY MUNSIFF'S COURT -II, ERNAKULAM IN I.A.NO.2 OF 2021 IN O.S. NO.796/2021

Exhibit P2 TRUE PHOTOSTAT COPY OF THE REPRESENTATION DATED 25.2.2022 SUBMITTED BY THE PETITIONER ASSOCIATION BEFORE THE 2ND RESPONDENT

Exhibit P3 TRUE PHOTOSTAT COPY OF THE JUDGMENT PASSED BY THIS HON'BLE COURT ON 8-3-2022 IN WPC NO. 7433/2022

Exhibit P4 TRUE PHOTOSTAT COPY OF THE ORDER DATED 8.6.2022 PASSED BY THE 2ND RESPONDENT

Exhibit P5 TRUE PHOTOSTAT COPY OF JUDGMENT PASSED BY THIS HON'BLE COURT ON 29-8-2022 IN WP© 22280 OF 2022

Exhibit P6 TRUE PHOTOSTAT COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER ASSOCIATION BEFORE THE 2ND RESPONDENT ON 19.7.2023