Citation : 2023 Latest Caselaw 7312 Ker
Judgement Date : 27 June, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 27TH DAY OF JUNE 2023 / 6TH ASHADHA, 1945
WP(C) NO. 28991 OF 2019
PETITIONER/S:
KERALA TABLE TENNIS ASSOCIATION (AFFILIATED TO THE
KERALA STATE SPORTS COUNCIL)
REGIONAL SPORTS CENTRE,KADAVANTHARA, ERNAKULAM,KOCHI-
682020,REPRESENTED BY ITS PRESIDENT MR.S.A.S.NAZAR.
BY ADVS. P.B.KRISHNAN
SRI.SABU GEORGE
SRI.P.B.SUBRAMANYAN
SRI.MANU VYASAN PETER
SMT.MEERA P.
RESPONDENT/S:
1 KERALA STATE SPORTS COUNCIL
YMCA ROAD,STATUE,THIRUVANANTHAPURAM-
695001,REPRESENTED BY ITS SECRETARY.
2 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, SPORTS
AND YOUTH AFFAIRS DEPARTMENT,SECRETARIAT,
THIRUVANANTHAPURAM-695001.
3 THE TABLE TENNIS FEDERATION OF INDIA,
1-15,3RD FLOOR,DSIDC COMPLEX, NEAR UDYOG NAGAR METRO
STATION, ROHTAK ROAD,NEW DELHI-110041, REPRESENTED BY
ITS SECRETARY.
4 TABLE TENNIS ASSOCIATION OF KERALA,YMCA,
THIRUVANANTHAPURAM-695001,REPRESENTED BY ITS
SECRETARY.
5 MERCY KUTTAN,PRESIDENT, KERALA SPORTS SPORTS COUNCIL,
YMCA,STATUE,THIRUVANANTHAPURAM-695001.
BY ADVS. LATHA ANAND R1
ROSHEN.D.ALEXANDER
TINA ALEX THOMAS R4
RONY JOSE R3
B.S.SYAMANTAK, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P(C).28991/2019 2
P. V. KUNHIKRISHNAN, J.
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W.P(C).No.28991 of 2019
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Dated this the 27th day of June, 2023
JUDGMENT
This writ petition is filed with the following prayers:
i) Call for the records relating to Ext.P3 and quash the same by issuing a Writ of Certiorari or any other appropriate writ, order or direction in the nature thereof.
ii) Call for the records relating to Ext.P4 and quash the same to the extent it decides to take action to de- recognize the petitioner association by issuing a Writ of Certiorari or any other appropriate writ, order or direction in the nature thereof.
iii) Call for the records relating to Ext.P7 and quash the same by issuing a Writ of Certiorari or any other appropriate writ, order or direction in the nature thereof.
iv) Grant such other appropriate reliefs that this Hon'ble Court may deem fit and proper.
v) Award the petitioner the costs of this writ petition.
2. The main prayer in this writ petition is to quash Exts.P3, P4
and P7. When this writ petition came up for consideration, the learned
Standing Counsel for the 1st respondent submitted that, based on Ext.P7,
petitioner submitted Ext.P10 before the Secretary of the 1st respondent. It
is the case of the petitioner that the 1st respondent or the competent
authority of the 1st respondent to consider Ext.P10 with notice to the
petitioner and the 4th respondent, after giving an opportunity of hearing to
the petitioner and the affected parties, including the 4 th respondent within
a time frame.
Therefore, this writ petition is disposed of with the following
directions:
i) The 1st respondent or the competent authority under the 1st respondent will consider Ext.P10 and pass appropriate orders in it, after giving an opportunity of hearing to the petitioner and the 4th respondent, as expeditiously as possible, at any rate within a period of one month from the date of receipt of a certified copy of this judgment.
ii) The petitioner will produce a stamped certified copy of this judgment along with the writ petition before the 1st respondent for compliance.
Sd/-
P. V. KUNHIKRISHNAN JUDGE Sbna/
APPENDIX OF WP(C) 28991/2019
PETITIONER EXHIBITS EXHIBIT P1 A TRUE COPY OF THE INFORMATION GIVEN BY RESPONDENT NO.1 ON 02.03.2019 UNDER THE RIGHT TO INFORMATION ACT,2005.
EXHIBIT P2 A TRUE COPY OF THE INTERIM ORDER DATED 11.10.2019 IN W.P(c)NO.26344 OF 2019 EXHIBIT P3 A TRUE COPY OF THE NOTICE DATED 11.10.2019 EXHIBIT P4 A TRUE COPY OF THE MINUTES OF THE MEETING OF THE STANDING COMMITTEE OF RESPONDENT NO.1 HELD ON 26.09.2019 EXHIBIT P5 A TRUE COPY OF THE REPORT IN MALAYALA MANORAMA DAILY DATED 02.09.2019 EXHIBIT P6 A TRUE COPY OF THE REPLY DATED 17.10.2019 SUBMITTED BY THE PETITIONER EXHIBIT P7 A TRUE COPY OF THE NOTICE DATED 25.10.2019 EXHIBIT P8 A TRUE COPY OF THE REVIEW PETITION FILED BY THE PETITIONER AGAINST THE JUDGMENT DATED 24.10.2019 IN A.R.NO.18 OF 2019 EXHIBIT P9 A TRUE COPY OF THE NOTICE DATED 18.07.2019 ISSUED BY RESPONDENT NO.1 TO THE PRESIDENT OF THE PETITIONER. EXHIBIT P10 A TRUE COPY OF THE ADDITIONAL OBJECTION DATED 27.10.2019 SUBMITTED BY THE PETITIONER.
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