Abhinandlal vs Brijit Joseph
2023 Latest Caselaw 10347 Ker

W. A. No. 1675 of 2023
                                 -1-



             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
         THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI
                                  &
                 THE HONOURABLE MR.JUSTICE V.G.ARUN
 TUESDAY, THE 26TH DAY OF SEPTEMBER 2023 / 4TH ASWINA, 1945
                         WA NO. 1675 OF 2023
   AGAINST THE JUDGMENT WP(C) 15579/2023 OF HIGH COURT OF
                               KERALA
APPELLANT/S:

             ABHINANDLAL
             AGED 19 YEARS
             S/O B.S. MANILAL, SARASWATHY BHAVAN, NJARACKAL,
             PERIPAD P.O., KOLLAM.PIN - 691601
             BY ADVS.
             GEORGE POONTHOTTAM, SR.
             SUNIL V.MOHAMMED
             TOM PIOUS


RESPONDENT/S:

     1       BRIJIT JOSEPH
             AGED 19 YEARS
             D/O. JOSEPH, THOONUMKAL HOUSE, EZHACHERY P.O.,
             KOTTAYAM., PIN - 686651
     2       THE STATE OF KERALA
             REPRESENTED BY THE SECRETARY TO GOVERNMENT,
             DEPARTMENT OF SPORTS AND YOUTH AFFAIRS,
             SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
     3       KERALA STATE SPORTS COUNCIL
             STATUE, THIRUVANAN6THAPURAM, KERALA , REPRESENTED
             BY ITS SECRETARY, PIN - 695001
     4       THE COMMISSIONER FOR ENTRANCE EXAMINATIONS
             5TH FLOOR, K.S.H.B. BUILDINGS,
             THIRUVANANTHAPURAM, PIN - 695001
 W. A. No. 1675 of 2023
                                       -2-


     5        SPORTS AUTHORITY OF INDIA
              KARYAVATTOM P.O., THIRUVANANTHAPURAM, KERALA,
              REP. BY ITS SECRETARY, PIN - 695581
     6        AMARNATH
              AGED 18 YEARS
              S/O ANOOP KALLATH, PAVITHRAM, NADAKKAVU, UDINUR,
              KASARGODE., PIN - 671310
     7        GAUTHAM KISOR
              AGED 19 YEARS
              S/O DR.KISTOR, THARAYIL HOUSE, KOTTAPURAM P.O.,
              KODUNGALLOR, THRISSUR., PIN - 680667
     8        NIRANJANA
              AGED 18 YEARS
              D/O DILEEP, RAJEEV VIHAR GRE 254,
              GOWREESHAPATTOM, PATTOM, THIRUVANANTHAPURAM., PIN
              - 695004
              BY ADVS.
              SRI. P. G. PRAMOD, SR. GP.
              SRI. VISHNU S. FOR SMT. LATHA ANAND
              SRI. K. C. VINCENT.

       THIS    WRIT      APPEAL   HAVING     COME   UP    FOR    ADMISSION    ON
26.09.2023,      THE      COURT   ON   THE    SAME       DAY    DELIVERED    THE
FOLLOWING:
 W. A. No. 1675 of 2023
                                 -3-


                         JUDGMENT

Dated this the 26th day of September, 2023

A. J. Desai, C. J.

By way of the present appeal filed under Section 5 of the

Kerala High Court Act, 1958, the original 8 th respondent has

challenged the judgment of the learned Single Judge dated

25.08.2023 in W. P. (C) No. 15579 of 2023 which was heard and

disposed of along with W. P. (C) No. 25005 of 2023.

2. It is brought to our notice that the original 7 th respondent

in W. P. (C) No. 15579 of 2023 had challenged the judgment

dated 25.08.2023 by way of filing an appeal under Section 5 of the

Kerala High Court Act, 1958, being W. A. No. 1532 of 2023. The

said appeal has been finally heard and allowed by this Court by

judgment dated 18.09.2023. By allowing the appeal, the judgment

dated 25.08.2023 in W. P. (C) No. 15579 of 2023, though it was

passed along with W. P. (C) No. 25005 of 2023, is quashed and

set aside.

In our opinion, the present appeal is covered under the W. A. No. 1675 of 2023

judgment dated 18.09.2023. Hence, the same judgment would be

applicable in the present appeal also.

The writ appeal is accordingly allowed.

Sd/-

A. J. DESAI CHIEF JUSTICE

Sd/-

V. G. ARUN JUDGE

Eb