Disposed

Kerala Handball Adhoc Committee v. Union of India

Kerala HC12 Mar 2021WP(C)/67/2019

Case brief

AI extract

What is this about?

The court disposed of a writ petition involving disqualification of the Kerala Handball Adhoc Committee. Directed the Sports Council to extend financial assistance to participants in specific tournaments subject to observer supervision and eligible under regulations, payable through the newly elected committee.

What did the court decide?

Directing the 4th respondent to extend financial assistance to participants in specified tournaments if an Observer participated; assistance to be disbursed through the newly elected Committee.

Kerala Handball Adhoc Committee Vs Union of India — Landlord and Tenant | Kerala HC (2021)

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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 N.NAGARESH

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FRIDAY, THE 12TH DAY OF MARCH 2021 / 21ST PHALGUNA, 1942

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WP(C).No.67 OF 2019(G)

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PETITIONER/PETITIONER:

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KERALA HANDBALL ADHOC COMMITTEE, REPRESENTED BY ITS CHAIRMAN COLONEL J.T. PALAMATTOM, PALAMATTAM HOUSE, PERUMBRAMAVU P.O., KEEZHVAIPUR, PATHANAMTHITTA-689589.

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BY ADVS. SHRI.JOHN VARGHESE SRI.A.L.GEORGE

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RESPONDENTS/RESPONDENTS:

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1 UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF YOUTH AFFAIRS AND SPORTS, DEPARTMENT OF SPORTS, SHASTRI BHAVAN, NEW DELHI-110001.

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2 DIRECTOR GENERAL, SPORTS AUTHORITY OF INDIA, JAWAHARLAL NEHRU STADIUM COMPLEX (EAST GATE ), LODHI ROAD, NEW DELHI-110003.

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3 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF SPORTS AND YOUTH AFFAIRS, SECRETARIAT, THIRUVANANTHAPURAM-695001.

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4 KERALA STATE SPORTS COUNCIL, STATUE JUNCTION, THIRUVANANTHAPURAM-695001, REPRESENTED BY ITS SECRETARY.

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5 INDIAN OLYMPIC ASSOCIATION, OLYMPIC BHAVAN, B-29 QUTUB, INSTITUTIONAL AREA, NEW DELHI-110016, REPRESENTED BY ITS SECRETARY GENERAL.

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6 HANDBALL FEDERATION OF INDIA, ANANDESHWER PANDAY, C-1/8, NIRATA NAGAR, LUCKNOW, UTTARPRADESH-226020, REPRESENTED BY ITS SECRETARY GENERAL.

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WP(C).No.67/2019(G)

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7 KERALA HANDBALL ASSOCIATION (SUSPENDED), REG.NO.91/1989, NAVAMALIKA, T.C.NO.24/141, TSGRA-11, THYCAUD P.O., THIRUVANANTHAPURAM-695014, REPRESENTED BY ITS SECRETARY, P.DAMODARAN.

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R2 BY ADV. SRI. S.K. MADHU R4 BY ADV. SMT.LATHA ANAND, SC R5 BY ADV. SRI.ABRAHAM THOMAS (PUTHURAN) R5 BY ADV. PARTH GOSWAMI R6 BY ADV. SRI.BABU KARUKAPADATH R6 BY ADV. SMT.M.A.VAHEEDA BABU R6 BY ADV. SRI.K.M.FAISAL (KALAMASSERY) R6 BY ADV. SRI.P.U.VINOD KUMAR R6 BY ADV. SMT.V.R.LAKSHMI R6 BY ADV. SRI.AVINASH P RAVEENDRAN R7 BY ADV. DR.K.P.SATHEESAN (SR.) R7 BY ADV. SRI.P.MOHANDAS (ERNAKULAM) R7 BY ADV. SRI.S.VIBHEESHANAN R7 BY ADV. SRI.S.K.ADHITHYAN R7 BY ADV. SRI.SABU PULLAN R3 BY GOVERNMENT PLEADER SRI. JUSTIN ANTONY

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.67/2019(G)

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JUDGMENT

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Dated this the 12^th day of March, 2021

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The Kerala Handball Adhoc Committee has filed this

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writ petition seeking the following reliefs:

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“a) Issue a declaration that the 7^th respondent has no authority to send teams for the national championships and to hold any competitions in view of Exhibits P-1 and P-6;

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b) Issue a writ of mandamus or any other appropriate writ order or direction directing the 4^th respondent to de-recognize the 7^th respondent till fresh elections are held to the Kerala Handball Association as per the Kerala Sports Act, 2000;

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c) Issue a writ of mandamus or any other appropriate writ order or direction directing the 4^th respondent to provide financial assistance directly to the members of the State teams being sent by affiliated Adhoc committee;

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d) Issue a writ of mandamus or any other appropriate writ order or direction directing the 4^th respondent and its District bodies to provide Observers on request from the Adhoc Committee to take Exhibit P-1 to its logical conclusions.”

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When this writ petition came up for hearing today, it

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was submitted by either side that all reliefs except relief No.c

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WP(C).No.67/2019(G)

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have become infructuous, due to subsequent events.

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Relief No.c is for a direction to the 4^th respondentKerala State Sports Council to provide financial assistance directly to the members of the State teams being sent by affiliated Adhoc Committees. The learned counsel for the petitioner would contend that the Sports Council has not released financial assistance to the participants in the 47^th Senior Women National Handball Championship held from 06.01.2019 to 11.01.2019. Similarly, financial assistance are to be extended to the Committee for participation of contestants in the 35^th Sub Junior Girls National Handball Championship held from 09.02.2019 to 13.02.2019, 41^st Junior Boys National Handball Championship held from 20.02.2019 to 25.02.2019, 47^th Senior Men National Handball Championship held from 23.02.2019 to 28.02.2019 and 36^th Sub Junior Girls National Handball Championship held from 02.10.2019 to 06.10.2019.

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The learned counsel appearing for the Sports Council would submit that the Sports Council can extend

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WP(C).No.67/2019(G)

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financial assistance only in accordance with Regulation 30 of the Grant-in-aid Regulations and only when an Observer of the Sports Council has participated/supervised the tournament. It is also submitted that a new Committee has been duly elected for Kerala Handball Association, in the place of the petitionerCommittee.

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In the circumstances, the writ petition is disposed of directing the 4^th respondent to extend financial assistance to the participants in the aforesaid tournaments, if an Observer of the Sports Council has participated in the Selection Trials and is otherwise eligible under Regulation 30. Such financial assistance should be disbursed through the existing elected Committee.

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The petitioner-Kerala Handball Adhoc Committee is directed to handover the documents and particulars of the participants in the tournament, to the newly elected Committee. The Kerala Handball Association will make a request to the 4^th respondent in this regard within two weeks from the date of

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WP(C).No.67/2019(G)

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receipt of the documents from the petitioner herein and the Sports Council shall disburse the eligible amount within 3 months from the date of receipt of a request from the Kerala

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Handball Association.

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Sd/- N. NAGARESH JUDGE

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WP(C).No.67/2019(G)

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APPENDIX OF WP(C) 67/2019

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PETITIONER'S EXHIBITS:

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EXHIBIT P1	TRUE COPY ISSUED BY FEDERATION	OF THE LETTER DATED 24/11/2018 THE SECRETARY GENERAL, HANDBALL OF INDIA TO THE PETITIONER.
EXHIBIT P2	TRUE COPY	OF THE LETTER DATED 29/11/2018
	ISSUED BY RESPONDENT	THE PETITIONER TO THE 4TH .
EXHIBIT P3	TRUE COPY	OF THE JUDGMENT DATED 11/12/2018
	IN WP(C) COURT.	NO.40201/2018 OF THIS HON'BLE
EXHIBIT P4	TRUE COPY 21/12/2018 HON'BLE CO	OF THE INTERIM ORDER DATED IN WP(C) NO.41691/2018 OF THIS URT.
EXHIBIT P5	TRUE COPY ISSUED BY RESPONDENT	OF THE LETTER DATED 26/12/2018 THE 6TH RESPONDENT TO THE 4TH .
EXHIBIT P6	TRUE COPY ISSUED BY	OF THE CIRCULAR DATED 17/11/2018 THE 6TH RESPONDENT.
EXHIBIT P7	TRUE COPY RESPONDENT	OF THE REQUEST MADE TO THE 4TH DATED 26/12/2018.
EXHIBIT P7A	TRUE COPY RESPONDENT	OF THE REQUEST MADE TO THE 4TH DATED 26/12/2018.
EXHIBIT P8	TRUE COPY	OF THE ENTRY DATED 28/12/2018
	SUBMITTED RESPONDENT	BY THE PETITIONER TO THE 6TH .
EXHIBIT P9	TRUE COPY FOR 41ST CHAMPIONSH	OF THE REPORT OF THE TEAM MANAGER JUNIOR BOYS NATIONAL HANDBALL IP DT. 03-03-2019.
EXHIBIT P10	TRUE COPY FOR 47TH CHAMPIONSH	OF THE REPORT OF THE TEAM MANAGER SENIOR (MEN) NATIONAL HANDBALL IP DT. 10-03-2019.
EXHIBIT P11	TRUE COPY	OF THE LETTER DATED 17.05.2019

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WP(C).No.67/2019(G)

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ISSUED BY THE 6TH RESPONDENT EXHIBIT P12 TRUE COPY OF THE LETTER DATED 10.08.2019 ISSUED BY THE 6TH RESPONDENT.

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RESPONDENTS' EXHIBITS:

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EXHIBIT R7(A) TRUE COPY OF THE MINUTES OF THE ELECTION GENERAL BODY MEETING OF THE KERALA HANDBALL ASSOCIATION HELD ON 10-11-2018 IN THE PRESENCE OF THE OBSERVER NOMINATED BY THE KERALA STATE SPORTS COUNCIL AND CHAIRED BY THE WRIT PETITIONER FOR ELECTING THE OFFICE BEARERS. EXHIBIT R7(B) TRUE COPY OF THE NOTICE DATED 20-10-2018 OF THE ELECTION GENERAL BODY MEETING OF THE KERALA HANDBALL ASSOCIATION SCHEDULES ON 10-11-2018. EXHIBIT R7(C) TRUE COPY OF THE RECORD OF COMMUNICATION OF EXHIBIT R7(b) NOTICE SENT TO THE SECRETARY GENERAL OF THE HANDBALL FEDERATION OF INDIA THROUGH E-MAIL ON 26-10-2018 AT 3.59p.m. EXHIBIT R7(D) TRUE COPY OF PROCEEDINGS No.KSSC/C3/5949/2018 DATED 30-11-2018 THE KERALA STATE SPORTS COUNCIL APPROVING THE ELECTION OF OFFICE BEARERS OF THE 7TH RESPONDENT-KERALA HANDBALL ASSOCIATION. EXHIBIT R7(E) TRUE COPY OF THE LETTER ISSUED BY THE KERALA STATE SPORTS COUNCIL APPOINTING OBSERVER DATED 03/04/2018. EXHIBIT R7(F) TRUE COPY OF THE MINUTES OF THE PROCEEDINGS REGARDING THE CONDUCT OF ELECTION TO THIRUVANANTHAPURAM DISTRICT HANDBALL ASSOCIATION DATED 04/04/2018. EXHIBIT R7(G) TRUE COPY OF THE LETTER ISSUED BY THE KERALA STATE SPORTS COUNCIL APPOINTING OBSERVER DATED 23/02/2018. EXHIBIT R7(H) TRUE COPY OF THE MINUTES OF THE PROCEEDINGS REGARDING THE CONDUCT OF ELECTION TO KOLLAM DISTRICT HANDBALL ASSOCIATION DATED 25/02/2018 FORWARDED TO THE KERALA STATE SPORTS COUNCIL BY COVERING LETTER DATED 26/02/2018.

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WP(C).No.67/2019(G)

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EXHIBIT R7(I) TRUE COPY OF THE LETTER ISSUED BY THE KERALA STATE SPORTS COUNCIL APPOINTING OBSERVER DATED 10/08/2018. EXHIBIT R7(J) TRUE COPY OF THE MINUTES OF THE PROCEEDINGS REGARDING THE CONDUCT OF ELECTION TO ALAPPUZHA DISTRICT HANDBALL ASSOCIATION DATED 12/08/2018. EXHIBIT R7(K) TRUE COPY OF THE LETTER ISSUED BY THE KERALA STATE SPORTS COUNCIL APPOINTING OBSERVER DATED 17/05/2017. EXHIBIT R7(L) TRUE COPY OF THE MINUTES OF THE PROCEEDINGS REGARDING THE CONDUCT OF ELECTION TO IDUKKI DISTRICT HANDBALL ASSOCIATION DATED 21/05/2017. EXHIBIT R7(M) TRUE COPY OF THE LETTER ISSUED BY THE KERALA STATE SPORTS COUNCIL APPOINTING OBSERVER DATED 19/05/2017. EXHIBIT R7(N) TRUE COPY OF THE MINUTES OF THE PROCEEDINGS REGARDING THE CONDUCT OF ELECTION TO THRISSUR DISTRICT HANDBALL ASSOCIATION DATED 20/05/2017. EXHIBIT R7(O) TRUE COPY OF THE LETTER ISSUED BY THE KERALA STATE SPORTS COUNCIL APPOINTING AN OBSERVER DATED 16/06/2017. EXHIBIT R7(P) TRUE COPY OF THE MINUTES OF THE PROCEEDINGS REGARDING THE CONDUCT OF ELECTION TO KOZHIKODE DISTRICT HANDBALL ASSOCIATION DATED 20/06/2017. EXHIBIT R7(Q) TRUE COPY OF THE LETTER ISSUED BY THE KERALA STATE SPORTS COUNCIL APPOINTING AN OBSERVER DATED 08/08/2018. EXHIBIT R7(R) TRUE COPY OF THE MINUTES OF THE PROCEEDINGS REGARDING THE CONDUCT OF ELECTION TO WAYANAD DISTRICT HANDBALL ASSOCIATION DATED 09/08/2018. EXHIBIT R7(S) TRUE COPY OF THE LETTER ISSUED BY THE KERALA STATE SPORTS COUNCIL APPOINTING AN

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WP(C).No.67/2019(G)

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OBSERVER DATED 08/08/2018. EXHIBIT R7(T) TRUE COPY OF THE MINUTE OF THE PROCEEDINGS REGARDING THE CONDUCT OF ELECTION TO KANNUR DISTRICT HANDBALL ASSOCIATION DATED 10/08/2018. EXHIBIT R7(U) TRUE COPY OF THE LETTER ISSUED BY THE KERALA STATE SPORTS COUNCIL APPOINTING AN OBSERVER DATED 08/08/2018. EXHIBIT R7(V) TRUE COPY OF THE MINUTES OF THE PROCEEDINGS REGARDING THE CONDUCT OF ELECTION TO KASARAGOD DISTRICT HANDBALL ASSOCIATION DATED 09/08/2018.

Kerala Handball Adhoc Committee v. Union of India

Case brief

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Kerala Handball Adhoc Committee v. Union of India

Case brief

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