Kerala High Court
Kerala State Tug Of War Association vs Union Of India on 2 August, 2024
Author: V.G.Arun
Bench: V.G.Arun
WP(C) No.32885/2023 1/7
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
Friday, the 2nd day of August 2024 / 11th Sravana, 1946
WP(C) NO. 32885 OF 2023 (I)
PETITIONER:
KERALA STATE TUG OF WAR ASSOCIATION, REG.NO. ER/621/1999, HAVING
OFFICIAL ADDRESS AT MADATHOTHU, PULINTHANAM P.O., POTHANICAD,
ERNAKULAM DISTRICT, PIN - 686 671 REPRESENTED BY ITS SECRETARY, SHAN
MUHAMMED.
RESPONDENTS:
1. UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF SPORTS AND
YOUTH AFFAIRS, SASTHRI BHAVAN, NEW DELHI, PIN - 110 001.
2. KERALA STATE SPORTS COUNCIL, OPPOSITE YMCA, YMCA ROAD, BEHIND
SECRETARIAT, STATUE, THIRUVANANTHAPURAM, PIN - 695001 REPRESENTED BY
ITS SECRETARY
3. TUG OF WAR FEDERATION OF INDIA HAVING ADDRESS AT 301-302, DELHI
CHAMBER BUILDING, DELHI GATE, NEW DELHI, PIN - 110002 REPRESENTED BY
ITS SECRETARY
4. THE SECRETARY, TUG OF WAR FEDERATION OF INDIA HAVING ADDRESS AT
301-302, DELHI CHAMBER BUILDING, DELHI GATE, NEW DELHI, PIN - 110002
5. P. MOHANDAS, AIR VIEW APARTMENT, NO.3, ATHANI, ALUVA, PIN - 683585
6. NAJUMUDHEEN, SEMATT, KANAYAKULANGARA, VEMBAYAM, THIRUVANANTHAPURAM,
PIN - 695615
7. SATHEESH KUMAR K.N. KOTTAKKAL HOUSE, MUPPATHADAM P.O., MILLUPADY,
ALUVA, PIN - 683110
8. AKHIL ANIRUDHAN, POTTEKKAT HOUSE, MAMBULLY ROAD, POST
KANDASSANKADAVU, TRISSUR DISTRICT, PIN - 680613
9. NEETHU M.S., MADATHILVEEDU, KOONTHALLOOR, CHIRAYINKEEHU P.O.,
THIRUVANANTHAPURAM, PIN - 695304
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to stay the operation of Exhibits P28 forthwith, pending final
disposal of the Writ Petition.
This petition again coming on for orders upon perusing the petition
and the affidavit filed in support of WP(C) and this Court's order dated
06.11.2023 and upon hearing the arguments of M/S.SANTHAN V.NAIR, R.RENJITH
& SAFAL P. SALIM, Advocates for the petitioner, SRI.VAIDYANATHAN S,
CENTRAL GOVERNMENT COUNSEL for R1, SMT.LATHA ANAND, STANDING COUNSEL for
R2, SRI.SUMEET, Advocate for R3 and R4, and of M/S. T.G.SUNIL (PRANAVAM),
J.OM PRAKASH, C.X.ANTONY BENEDICT, T.G.MAHESH, T.G.SANTHOSH, T.G.MANOJ &
EMMANUAL SANJU, Advocates for R5 & R7 to R9, the court passed the
following:
WP(C) No.32885/2023 2/7
V.G.ARUN, J
= = = = = = = = = = = = = = = = = = = = = =
W.P(C) Nos.32885 of 2023
& 26299 of 2024
==============================
Dated this the 2nd day of August, 2024
ORDER
The challenge in W.P.(C) No.32855 of 2023 is against
Ext.P28 order of the Tug of War Federation of India, dissolving
and disaffiliating the Executive Committee of the
petitioner/Kerala State Tug of War Association. By the order,
it was also decided that the Ad hoc Committee formed vide
Resolution dated 20.09.2023 shall continue to manage all the
affairs of the Kerala State Tug of War Association, including
the selection of teams/ athletes/ sports players and making
entries for participation in the National
Championship/Tournaments.
2. W.P.(C) No.26299 of 2024 is filed against communication
dated 05.05.2024 issued by the National Federation to the
Secretary of the Kerala State Sports Council informing that
the tenure of the Ad hoc Committee of the Kerala State Tug of
War Association is extended for a period of six months on the
same terms and conditions.
& 26299/24
3. In W.P.(C).No.32855 of 2023, even though the
petitioner had sought an interim order, staying the operation
of Ext.P28, the said relief was not granted. In W.P.(C)
No.26299 of 2024, the interim prayers are two fold; (1) to
stay the operation of Ext.P39 and (2) to direct the National
Federation and the Chairman of the Ad hoc Committee not to
admit any players other than those selected by Kerala State
Sports Council through the petitioner to represent State of
Kerala for the National Championship conducted by the Tug
of War Federation of India.
4. The learned Counsel for the petitioner pressed for
orders on the second interim prayer sought in W.P.(C)
No.26299 of 2024. It is submitted that this year's National
Championship is being held at Agra from 05.08.2024 onwards
and unless an interim direction is issued, the teams selected
by the petitioner will not be allowed to participate in the
championship. It is further submitted that the petitioner has
selected the teams based on their performance in the trials
conducted under the supervision of an Observer appointed by
the Sports Council.
& 26299/24
5. Elaborate arguments are advanced by Adv.R.Renjith,
learned Counsel appearing for the petitioner and Adv.Sumeet
Shokeen, learned Counsel appearing for the National
Federation. I also heard Adv.T.G.Sunil, appearing for the Ad
hoc Committee and Adv.S.Vishnu (Arikkatil) for the Kerala
Sports Council.
6. Insofar as the interim prayer for allowing the
participation of the teams selected by the petitioner is
concerned, it is not essential to deal with the challenge
against the order of dissolution and disaffiliation. In this
context, it is pertinent to note that as per the judgment in
W.P.(C).No.29885 of 2023, a learned single Judge of this
Court had directed the National Federation to afford an
opportunity of hearing to the petitioner before finalising the
proposal for dissolving and disaffiliating the Committee of the
Association. The aforementioned judgment was challenged
by the petitioner in W.A.No.1662 of 2023. Therein also an
interim prayer was sought to permit the players sponsored by
the Association to participate in the National Tug of War
Championship to be held from 28.09.2023 to 4.10.2023. By
& 26299/24
order dated 25.09.2023, the Division Bench declined the
interim relief in view of the fact that another team selected
by the Ad hoc Committee has been sent for taking part in the
National Championship. It is informed by the Counsel for the
Ad hoc Committee that a contingent of 110 participants has
been selected this year and the tickets for the team's travel
on 03.08.2024 is also booked. The Counsel for the National
Federation that all arrangements for conducting the National
Championship have been made and any change in the
participating teams will affect the smooth conduct of the
championship. I also find the force in the contention of the
Counsel for the Federation that as per Section 31A(4) of the
Kerala Sports Act, 2000, once the recognition of any
organisation is cancelled, it is for the Sports Council to
organise District Level and State Level Competitions in
consultation with the Central Federation of such
organisation. Inasmuch as the petitioner Association stands
disaffiliated, it cannot conduct the selection and the selected
teams cannot be allowed to participate in the National
Championship. The said view is supported by a Division
& 26299/24
Bench decision of this Court in Kerala Cycle Polo
Association and others v. Kerala State Sports Council
and others (MANU/KE/1857/2015), Paragraph 9 of which
reads as under:-
" 9.In fact, even in the judgment which we rendered in
W.A.Nos.185 & 186 of 2014, we have also formed an opinion
that the question regarding disaffiliation has to be taken up
before the appropriate forum. Hence, nothing remains to be
done in the matter. It is not open for the appellants to contend
that they are entitled to participate the team selected by them
in the National Championship."
For the aforementioned reasons the interim prayer to
allow participation of the teams selected by the petitioner in
this year's National Championship is declined.
sd/-
V.G.ARUN, JUDGE
sj
02-08-2024 /True Copy/ Assistant Registrar
APPENDIX OF WP(C) 32885/2023
Exhibit P28 TRUE PHOTOSTAT COPY OF THE COMMUNICATION DATED
27.09.2023 ISSUED BY THE 3RD RESPONDENT TO THE
PETITIONER ASSOCIATION
02-08-2024 /True Copy/ Assistant Registrar
