K.Perumal v. The Member Secretary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.02.2015 CORAM :

THE HONOURABLE DR.JUSTICE S.TAMILVANAN and THE HONOURABLE MR.JUSTICE V.S.RAVI Writ Petition (MD) No.1857 of 2015 K.Perumal

...Petitioner

Vs.

1.The Member Secretary, Sports Development Authority of Tamil nadu, Nehru Park, Poonamalli High Road, Chennai.

2.The District Sports and Youth Welfare Officer, Sports Development Authority of Tamil Nadu, Tirunelveli Unit, Tirunelveli, Tirunelveli District.

...Respondents

Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, calling for the impugned selection list for the year 2014-2015 in the forthcoming Chief Minister Trophy District Women Hockey Tournament of Tirunelveli Unit published by the 2nd respondent dated nil and quash the same as illegal and consequently direct the respondents to conduct a fresh selection candidates for women hockey on the basis of merit and ability to the Chief Minister Trophy District Women Hockey Tournament of Tirunelveli Unit forthwith.

For Petitioner : Mr.S.Palanivelayutham For Respondents : Mr.C.Selvaraj Special Government Pleader.

ORDER

(Order of the Court was made by S.TAMILVANAN,J.) This writ petition has been filed invoking Article 226 of the Constitution of India seeking an order in the nature of Writ of Certiorarified Mandamus, calling for the impugned selection list for the year 2014-2015 for the forthcoming Chief Minister Trophy District Women Hockey Tournament of Tirunelveli Unit published by the second respondent. 2.Learned counsel appearing for the petitioner drew the attention of this Court to a copy of the letter addressed by the petitioner to the members of the first respondent on 10.01.2015 and also a letter said to have been addressed by Sanghai Hockey Club Sankarankovil to the second respondent. Learned counsel for the petitioner submits that there was no proper selection for awarding Chief Minister Trophy relating to the District Women Hockey Tournament of Tirunelveli Unit. https://hcservices.ecourts.gov.in/hcservices/

3.Per contra, learned Special Government Pleader submitted that there was a selection committee and based on the selection process the candidates were selected. The unsuccessful candidates could have filed any writ petition, if there is any legal grievance. However, according to the learned Special Government Pleader only at the instance of unsuccessful candidates, the petitioner has come forward with the present writ petition in the nature of public interest litigation which is not legally maintainable.

4.Having gone through the averments made in the accompanying affidavit and the material papers, we are of the view that there is no prima facie material to show that the impugned selection list has to be called for and quashed. Merely by making some allegations, this Court cannot be asked to direct the respondents to produce the impugned selection list. As there is a committee for selecting suitable persons for the award. Unless specific allegations are made by producing supporting documents in a public interest litigation, we cannot pass any order. Further, the petitioner has not pointed out any infringement of his fundamental right or any mandatory violation by producing supporting materials. The writ petition is based on only certain allegations.

Mere allegation would not be sufficient to call for the impugned selection list and quash the same. However, it is open to the unsuccessful candidates to approach the authority and this Court in the manner known to law. We are of the view that there is no public interest involved in the writ petition filed by the petitioner. Accordingly, the writ petition is liable to be dismissed.

5.In the result, the writ petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(AS) /True copy/ Sub Assistant Registrar To 1.The Member Secretary, Sports Development Authority of Tamil nadu, Nehru Park, Poonamalli High Road, Chennai.

2.The District Sports and Youth Welfare Officer, Sports Development Authority of Tamil Nadu, Tirunelveli Unit, Tirunelveli, Tirunelveli District.

+1CC to M/s.S.Palanivelayutham, Advocate in SR.6988 +1CC to the Special Government Pleader in SR.7041 Writ Petition (MD) No.1857 of 2015 13.02.2015 sms PBK 24/02/2015 ::2P-5C:

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