The High Court of Kerala dismissed a writ petition filed by the Kerala Handball Association as infructuous, because the National Handball Championship for which permission was sought had already concluded by the time the petition was heard.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
FRIDAY ,THE 08TH DAY OF MARCH 2019 / 17TH PHALGUNA, 1940
WP(C).No. 41691 of 2018
PETITIONER/S:
KERALA HANDBALL ASSOCIATION (REGISTRATION NO.91/1989), REPRESENTED BY ITS SECRETARY P.DAMODARAN, NAVAMALIKA, T.C.NO.24/141, TSGRA-11, THYCAUD P.O., THIRUVANANTHAPURAM - 695 014.
BY ADVS. SRI.S.M.PREM SRI.H.NARAYANAN SRI.P.RAMACHANDRAN (PALAKKAD)
RESPONDENT/S:
1 UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF YOUTH AFFAIRS AND SPORTS, DEPARTMENT OF SPORTS, GOVERNMENT OF INDIA, SHASTRI BHAVAN, NEW DELHI - 110 001.
3 STATE OF KERALA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF SPORTS AND YOUTH AFFAIRS, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
4 KERALA STATE SPORTS COUNCIL REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM - 695 001.
6 HANDBALL FEDERATION OF INDIA REPRESENTED BY ITS SECRETARY GENERAL,
WP(C).No. 41691 of 2018 2
ANANDESHWER PANDAY, C-1/8, NIRATA NAGAR, LUCKNOW, UTTARPRADESH - 226 020.
7 CHAIRMAN, AD-HOC OMMITTEE FOR HANDBALL IN KERALA COL.J.T.PALAMATTAM, PALAMATTAM HOUSE, PERUMBRAMAVU P.O., KEEZHVAIPUR, PATHANAMTHITTA - 689 589.
MALAPPURAM DISTRICT. (ADDL.R8 IS IMPLEADED AS PER ORDER DATED 01/02/2019 IN IA.NO.01/2019)
9 VINOD RECREATION CLUB, REPRESENTED BY ITS SECRETARY, K.S.ASHOK KUMAR, S/O. K.SUNDARAM, AGED 50 YEARS, RESIDING AT THEERTHAM, M.R.A-96D, THIRUMULLAVARAM P.O, KOLLAM- 691 012
10 SEVEN STARS HANDBALL CLUB,
REP. BY ITS SECRETARY, J. SREEKUMAR S/O. JANARDHANAN PILLAI, AGED 46 YEARS, RESIDING AT SREE NILAYAM, MANGALATH NAGAR, 56 A, PUNTHALATHAZHAM, KILLIKOLLOOR.P.O., KOLLAM-691004.
11 CAREEBEANS CLUB,
REP. BY ITS SECRETARY, SMT.LAETITIAKRISTRAJ, W/O. LATE KRISTRAJ AGED 46 YEARS, RESIDING AT MELTUS COTTAGE, ARADHANA NAGAR-58, KOLLAM 691001.
12 ALL STARS CLUB
REP. BY ITS SECRETARY, R. RAJEEV, S/O. RAVENDRAN, AGED 35 YEARS, OFFICE OF ALL STARS CLUB, KOLLAM-691001.
13 KELI HANDBALL CLUB REP. BY ITS SECRETARY, RAJU.K.V., S/O. S. KRISHNAN NAIR, AGED 38 YEARS, RESIDING AT ADWAITHAM, DARSANA NAGAR-89, KALAVEDI, PATTATHANAM.P.O., KOLLAM-691021.
14 HANDBALL CLUB OF KOLLAM
REP. BY ITS SECRETARY, R.R. GOPAKUMAR ACHARI, AGED 44 YEARS, RESIDING AT SREE MADHAVAM, THAZHAVA, MANAPPALLY.P.O., KOLLAM-690574.
15 EVERSHINE CLUB,
WP(C).No. 41691 of 2018 3
REP. BY ITS SECRETARY, V. AJITHKUMAR, S/O. M. VIJAYAN, AGED 42 YEARS, RESIDING AT VIJAY BHAVAN, J.N.R.A-185, PATTATHANAM.P.O., KOLLAM-691021.
16 ZEUS CLUB, REP. BY ITS SECRETARY, PRATHEEPKUMAR.K., AGED 44 YEARS, S/O. K. DAMODARAN, SOUPARNIKA, PULARI NAGAR, HOUSENO. 20/A, 2ND MILE STONE JUNCTION, KILIKOLLOOR.P.O., KOLLAM-691004.
17 JAZZ CLUB,
REP. BY ITS SECRETARY, PRASEEDKUMAR, S/O. DAMODARAN NAIR, RESIDING AT BHARGAVINIVAS, HOUSE NO. 9, BHAVANA NAGARA, KOLLAM-691008.
(ADDL R9 TO R17 ARE IMPLEADED AS PER ORDER DATED 21.02.2019 IN I.A. NO. 4 OF 2019)
18 NIRMAL G. VISWAN, SECRETARY, ALAPPUZHA DISTRICT HANDBALL ASSOCIATION, 'THIRUVATHIRA', PATHIRAPPALLY.P.O., ALAPPUZHA-688521.
19 P.I.RAFEEQ, SECRETARY, IDUKKI DISTRICT HANDBALL ASSOCIATION, PERUNILATH HOUSE, THODUPUZHA EAST.P.O., IDUKKI-685585.
20 JEEVESHKUMAR.U. SECRETARY, KASARAGOD DISTRICT HANDBALL ASSOCIATION,SAI HOUSE, VIDYANAGAR, NAYANMAR MOOLA.P.O., KASARAGOD-671123.
21 JAMSHEER.P. SECRETARY, MALAPPURAM DISTRICT HANDBALL ASSOCIATION,MUNEER MANZIL, PALLIKKAL.P.O., MALAPPURAM-673436.
22 T.N. SURESH, PRESIDENT, THIRUVANANTHAPURAM DISTRICT HANDBALL ASSOCIATION, KOVALAM HOUSE, VANCHIYOOR.P.O., THIRUVANANTHAPURAM-695035.
23 SATHEESH.K.PILLAI, SECRETARY, THRISSUR DISTRICT HANDBALL ASSOCIATION, VALIYAVEETTIL HOUSE, KARTHIYAYANI TEMPLE ROAD, AYYANTHOL.P.O., THRISSUR-680003.
WP(C).No. 41691 of 2018 4
KALAMVALAVIL , VAYAKKURA, CHANDIYOTTACHAL.P.O., PAYYANNUR, KANNUR-670353.
25 RADHAKRISHNAN.K., SECRETARY, KOLLAM DISTRICT HANDBALL ASSOCIATION, AMBADY, HOUSE NO. 118, CURZON NAGAR, KACHERI WARD KOLLAM-691013.
26 S. BALACHANDRAN, SECRETARY, PALAKKAD DISTRICT HANDBALL ASSOCIATION,SAI NIVAS, KUNISSERY.P.O., PALAKKAD-678681.
27 SABEESH.K., SECRETARY, KOZHIKODE DISTRICT HANDBALL ASSOCATION, SONU, POTTAMMAL,NELLICODE, KOZHIKODE-673016.
28 K. SURESH BABU, SECRETARY, WAYANAD DISTRICT HANDBALL ASSOCIATION, PHYSICAL EDUCATION TEACHER,AMMR GHSS, NALLOOR NADU, KUNNAMANGALAM.P.O., WAYANAD-670455. (ADDL R18 TO R28 IS IMPLEADED AS PER ORDER DATED 21-2-2019 IN I.A. NO. 5 OF 2019).
BY ADVS. SMT.GIRIJA K GOPAL SRI.MATHEW B. KURIAN SRI.BABU KARUKAPADATH SRI.BIJU VARGHESE ABRAHAM SRI.GOVIND K.BHARATHAN (SR.) SRI.JOHN VARGHESE SMT.K.N.VIGY SMT.M.A.VAHEEDA BABU SMT.V.R.LAKSHMI SRI.AVINASH P RAVEENDRAN SRI.K.M.FAISAL (KALAMASSERY) SRI.K.T.THOMAS R3 SRI.P.U.VINOD KUMAR R2 SRI.S.K.MADHU, SC, SPORTS AUTHORITY OF INDIA R4. SMT. LATHA ANAND, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.03.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 41691 of 2018 5
JUDGMENT
This writ petition is filed by the petitioner seeking the following reliefs:-
I) issue a writ of mandamus or such other writ, direction or order compelling the Kerala State Sports Council to authorise its representative to make all arrangements for submitting Entry Forms for registration of the players and the Honorary Coaches of the Steam Teams and to ensure participation of the Kerala State Team in the 35th Sub Junior National Handball Championship for Boys (U-15)scheduled to be conducted from 26th to 30th December 2018 at the Sports Centre, Sarvodaya Vidyalaya, Pitampura, Dew Delhi;
ii) Issue a writ of mandamus or such other writ, direction of order to the Respondents 1 and 2, to appoint an observer to oversee the 35th Sub Junior National Handball Championship for Boys(U-15) scheduled to be conducted from 26th to 30th December 2018 at the Sports Centre, Sarvodaya Vidyalaya, pitampura, New Delhi, by the 6th respondent-Handball Federation of India and ensure participation of the kerala State Teams in the National Handball Championships;
iii) declare that Ext.P2 is illegal, without authority and void;
iv) Issue such other writ, direction or order as is deemed just and necessary in the facts, features and circumstances of the case.
WP(C).No. 41691 of 2018 6
The writ petition is dismissed as infructuous.
Sd/-
SHAJI P.CHALY JUDGE
hmh
Kerala Handball Association
Union of India
Director General, Sports Authority of India
State of Kerala
Kerala State Sports Council
Indian Olympic Association
Shaji P. Chaly
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
