Two writ appeals regarding previous decisions on the Kerala Sports Act amendment and petitions' membership claims were dismissed by the High Court of Kerala as infructuous.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
THURSDAY, THE 8TH DAY OF DECEMBER 2022 / 17TH AGRAHAYANA,
1944
WA NO. 2668 OF 2015
AGAINST THE JUDGMENT WPC 30689/2015 OF HIGH COURT OF KERALA
APPELLANT/S:
1 SUNIL SEBASTIAN AGED 43 YEARSS/O.SEBASTIAN, EXECUTIVE COMMITTEE MEMBER, IDUKKI DISTRICT SPORTS COUNCIL, RESIDING AT 'PUNNOLI KUNNEL, KANJAR P.O., KANJAR, IDUKKI DISTRICT.2 C.N.NARAYANAN EXECUTIVE COMMITTEE MEMBER, KASARAGOD DISTRICT SPORTS COUNCIL AND EXECUTIVE COMMITTEE MEMBER OF THE KERALA SPORTS COUNCIL, THIRUVANANTHAPURAM, RESIDING AT 'SREENILAYAM', CHATHAMATH P.O., NILESHAWAR, KASARAGOD DISTRICT.3 A.THULASIDAS EXECUTIVE COMMITTEE MEMBER, PALAKKAD DISTRICT SPORTS COUNCIL, RESIDING AT PUSHPATHKALAM, KAKKAYOOR P.O., PALAKKAD DISTRICT.4 M.R.RANJITH ELECTED MEMBER OF THE KERALA SPORTS COUNCIL AS A REPRESENTATIVE THE KERALA STATE ARCHERY ASSOCIATION, THIRUVANANTHAPURAM RESIDING AT KAIVALLIAM, KALLADIPETTA, PATTAMBI, PALAKKAD DISTRICT.BY ADVS.
SRI.K.RAMAKUMAR (SR.)
SRI.S.M.PRASANTH
SMT.ASHA BABU
SRI.G.RENJITH
W. A. Nos. 2668 & 2669 of 2015
-2-
RESPONDENT/S:
1 GOVERNMENT OF KERALA REPRESENTED BY THE SPECIAL SECRETARY TO GOVERNMENT, LAW (LEGISLATION-D) DEPARTMENT, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM-695001.2 THE SECRETARY TO GOVERNMENT DEPARTMENT OF SPORTS AND YOUTH AFFAIRS, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695001.3 THE KERALA STATE SPORTS COUNCIL THIRUVANANTHAPURAM-695001, REPRESENTED BY THE SECRETARY.BY ADV SRI.K.ANAND SR.
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
08.12.2022, ALONG WITH WA.2669/2015, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
W. A. Nos. 2668 & 2669 of 2015
-3-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
THURSDAY, THE 8TH DAY OF DECEMBER 2022 / 17TH AGRAHAYANA,
1944
WA NO. 2669 OF 2015
AGAINST THE JUDGMENT WPC 29635/2015 OF HIGH COURT OF KERALA
APPELLANT/S:
1P.HRISHIKESH KUMAR
S/O.P.I.G.MENON, EXECUTIVE MEMBER, MALAPPURAM
DISTRICT SPORTS COUNCIL, RESIDING AT
'KOUSTHUBHAM', ARIYALLUR P.O., MALAPPURAM-676312.
2K.SANTHAKUMAR
S/O.BALAGOPALAN, EXECUTIVE MEMBER, KANNUR
DISTRICT SPORTS COUNCIL, RESIDING AT
'SARIKA',KURUVA P.O., KADALAYI, KANNUR-3, KANNUR
DISTRICT.
3ANOOP V.
AGED 38 YEARS
S/O.MADHAVAN PALAT, MEMBER, MALAPPURAM DISTRICT
SPORTS COUNCIL, RESIDING AT 'ANAND NIVAS',
VALLIKUNNU P.O., MALAPPURAM-673314.
BY ADVS.
SRI.K.RAMAKUMAR (SR.)
SRI.S.M.PRASANTH
SMT.ASHA BABU
SRI.G.RENJITH
RESPONDENT/S:
1 GOVERNMENT OF KERALA REPRESENTED BY THE SPECIAL SECRETARY TO GOVERNMENT, LAW (LEGISLATION-D) DEPARTMENT, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM-695001.2THE SECRETARY TO GOVERNMENT
DEPARTMENT OF SPORTS AND YOUTH AFFAIRS,
W. A. Nos. 2668 & 2669 of 2015
-4-
GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695001.3 THE KERALA STATE SPORTS COUNCIL THIRUVANANTHAPURAM-695001, REPRESENTED BY THE SECRETARY.BY ADVS.
SRI.K.ANAND SR.
SMT.LATHA ANAND, SC, KERALA STATE SPORTS COUNCIL
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
08.12.2022, ALONG WITH WA.2668/2015, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
W. A. Nos. 2668 & 2669 of 2015
-5-
J U D G M E N T
S. Manikumar, C. J.
Before the writ court, in W. P. (C) No. 29635 of 2015, petitioners have sought for the following reliefs:-
“(i) To declare that the amendment of Sections 3, 5, 6 & 9 of Kerala Sports Act by Act No. 1 of 2016 and other Sections which are impugned in this Writ Petition is unconstitutional, void, ultra vires and inoperative and is liable to be struck down;
(ii) To declare that the petitioners are entitled to continue as elected members of the Malappuram District Sports Council and Kannur District Sports Council, till their normal tenure expires;
(iii) To issue a Writ of Mandamus commanding the respondents to continue the petitioners as elected members of Malappuram District Sports Council and Kannur District Sports Council irrespective of issuance of Kerala Sports Amendment Act, 2015 (Act 1 of 2016).”
W. A. Nos. 2668 & 2669 of 2015
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“i) To declare that the amendment of Sections 3, 5, 6 & 9 of Kerala Sports Act by Act No. 1 of 2016 and other Sections which are impugned in this Writ Petition is unconstitutional, void, ultra vires and inoperative and is liable to be struck down.
ii) To declare that the petitioners are entitled to continue as elected members of the Idukki District Sports Council, Kasaragod District Sports Council and Palakkad District Sports Council, till their normal tenure expires.
iii) To issue a Writ of Mandamus commanding the respondents to continue the petitioners as elected members of Malappuram District Sports Council and Kannur District Sports Council irrespective of issuance of Kerala Sports Amendment Act, 2015 (Act 1 of 2016).
iv) To issue a Writ of Mandamus commanding the respondents to continue the petitioners as elected members of the Idukki District Sports Council, Kasaragod District Sports Council and Palakkad District Sports Council and also the 2nd and 4th petitioners as elected members of the Kerala State Sports Council representing the Kasaragod District Sports Council and Palakkad District Sports Council respectively irrespective of the issuance of Ordinance No. 12 of 2015.”
Prasanth, learned counsel for the appellants, submitted that the subject
matter of the writ appeals has become infructuous.
W. A. Nos. 2668 & 2669 of 2015
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Placing on record the above submission, instant writ appeals are
dismissed as infructuous.
Sd/S. MANIKUMAR CHIEF JUSTICE
Sd/SHAJI P. CHALY JUDGE
Eb
///TRUE COPY/// P. A. TO JUDGE
Sunil Sebastian
C.N. Narayanan
A. Thuladas
M.R. Ranjith
P. Hrishikesh Kumar
K. Santhakumar
S. Manikumar
Shaji P. Chaly
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court