Disposed

The Kerala State Volley Ball Association v. Kerala State Sports Council

Kerala HC26 Oct 2017WA/1935/2017

Case brief

AI extract

What is this about?

This Single Judge Writ Appeal challenged an order declining interference with an administrative suspension. The court observed that unargued grounds regarding suspension powers and jurisdiction were not raised before the Single Judge.

What did the court decide?

None. The appeal was disposed of as the unargued grounds could not be considered before the Single Judge.

The Kerala State Volley Ball Association Vs Kerala… — Service and Employment | Kerala HC (2017)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE ANTONY DOMINIC & THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU

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THURSDAY, THE 26TH DAY OF OCTOBER 2017/4TH KARTHIKA, 1939 WA.No. 1935 of 2017 IN WP(C)24168/2017 ---------------------------------------AGAINST THE JUDGMENT IN WP(C) 24168/2017 of HIGH COURT OF KERALA DATED 01-08-2017

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APPELLANT/PETITIONER:

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THE KERALA STATE VOLLEY BALL ASSOCIATION REPRESENTED BY ITS SECRETARY NOOR MAHAL, PO PERINTHALMANNA, MALAPPURAM DISTRICT, PIN-679 322.

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BY ADVS.SRI.P.RAMAKRISHNAN SMT.PREETHI KESAVAN SRI.T.C.KRISHNA SRI.C.ANIL KUMAR SMT.ASHA K.SHENOY SRI.PRATAP ABRAHAM VARGHESE

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RESPONDENTS/RESPONDENTS:

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KERALA STATE SPORTS COUNCIL STATUE JUNCTION, PALAYAM, THIRUVANANTHAPURAM-695 001, REPRESENTED BY ITS SECRETARY. 2. VOLLEY BALL FEDERATION OF INDIA ROOM NO. 72, JAWAHARLAL NEHRU STADIUM, CHENNAI, PIN- 600 082, RERESENTED BY ITS SECRETARY.

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R BY SMT.LATHA ANAND, SC, KERALA STATE SPORTS COUNCIL

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THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 26-10-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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ANTONY DOMINIC, J. & DAMA SESHADRI NAIDU, J.

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- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A.No.1935 of 2017

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- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 26^th day of October, 2017

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JUDGMENT

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Antony Dominic, J.

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This appeal is filed by the petitioner in W.P.(C)No.24168/17 impugning the judgment of the learned Single Judge disposing of the writ petition declining to interfere with Ext.P20 order and at the same time directing that the proceedings pursuant to Ext.P20 will be completed within two months from the date of receipt of a copy of the judgment.

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We heard the counsel for the appellant and the learned Standing Counsel appearing for the first respondent.

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Among other contentions, the main contention raised

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before us are two fold. One is that, power under Section 31A of the Kerala Sports Act, 2000 to place organisations such as appellants under suspension is conferred on the Kerala Sports Council and

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W.A.No.1935 of 2017

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: 2 :

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that without any decision taken by the Council, the Secretary issued Ext.P20 order. Therefore, according to the learned counsel,

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the order is invalid and without jurisdiction. Secondly, the allegations in Ext.P22 does not make out a case attracting Section 31 A(1)(b).

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However, we find that none of these grounds were urged before the learned Single Judge when the writ petition was considered. Therefore, we are not inclined to interfere with the judgment under appeal on the aforesaid grounds. According to us, if the appellant is aggrieved, the remedy available is a review petition.

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With that liberty, the appeal is disposed of.

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sd/-

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ANTONY DOMINIC JUDGE

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sd/- DAMA SESHADRI NAIDU JUDGE

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jes

The Kerala State Volley Ball Association v. Kerala State Sports Council

Case brief

What is this about?

What did the court decide?

The Kerala State Volley Ball Association v. Kerala State Sports Council

Case brief

What is this about?

What did the court decide?

What the court decided

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