Reshma V. v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 30TH DAY OF JANUARY 2015/10TH MAGHA, 1936 WP(C).No. 3144 of 2015 (P) --------------------------- PETITIONER :
--------------------- RESHMA V., AGED 20 YEARS, D/O. VENU CHITTADI HOUSE, KARIPODE POST VADAVANNUR, PALAKKAD DISTRICT.
BY ADV. SRI.BIJU BALAKRISHNAN RESPONDENT(S) :
---------------------------- 1.
STATE OF KERALA REPRESENTED BY THE SECRETARY SPORTS DEPARTMENT GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001.
2.
THE KERALA STATE SPORTS COUNCIL STATUE, THIRUVANANTHAPURAM, PIN - 695 001 REPRESENTED BY ITS SECRETARY.
3.
THE TACKWONDO ASSOCIATION OF KERALA (TAKE) POLITE CASTLE, MOUNTED POLICE ROAD THYCAUD, THIRUVANANTHAPURAM PIN - 695 014 REPRESENTED BY ITS SECRETARY.
4.
THASNI T., D/O. THAJUDEEN Y., SHEEJA MANZIL AYYIRAM THEGUCHERI KOOTTIKADA P.O., KOLLAM PIN - 691 020.
R1 BY SR. GOVT. PLEADER SRI. M. MUHAMMED SHAFI R2 BY ADV. SMT.LATHA KRISHNAN, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Mn ...2/-
WP(C).No. 3144 of 2015 (P) APPENDIX PETITIONER'S EXHIBITS :
EXT.P1 : PHOTOSTAT COPY OF THE ORDER NO. KSSC/A3/NG/TEAKWONDO/2234/2014 DT. 29-1-2015 OF THE 2ND RESPONDENT.
EXT.P2 PHOTOSTAT COPY OF THE SELECTED LIST OF THE 35TH NATIONAL GAMES - 2015 - TACKWONDO CHAMPIONSHIP KERALA TEAM. EXT.P3 PHOTOSTAT COPY OF THE SCORE SHEET OF THE SELECTION MATCH CONDUCTED ON 6-1-2015 BETWEEN THE PETITIONER AND THE 4TH RESPONDENT.
EXT.P4 PHOTOSTAT COPY OF THE REPRESENTATION DT. 16-1-2015 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXT.P5 PHOTOSTAT COPY OF THE LETTER DT. 10-1-2015 OF THE 2ND RESPONDENT TO THE 3RD RESPONDENT.
EXT.P6 PHOTOSTAT COPY OF THE REPLY LETTER DT. 20-1-2015 OF THE 3RD RESPONDENT TO THE 2ND RESPONDENT.
EXT.P7 PHOTOSTAT COPY OF THE LETTER NO. KSSC/A3/NG/2234/2014 DT. 22-1-2015 OF THE 2ND RESPONDENT.
EXT.P8 PHOTOSTAT COPY OF THE EMAIL LETTER DT. 24-1-2015 OF THE 3RD RESPONDENT.
EXT.P9 PHOTOSTAT COPY OF THE REPRESENTATION DT. 30-1-2015. RESPONDENT'S EXHIBITS : NIL //TRUE COPY// P.S. TO JUDGE Mn
P.R. RAMACHANDRA MENON, J.
.............................................................................. ......................................................................... Dated this the 30th January, 2015
J U D G M E N T
The petitioner has approached this Court with the following prayers:
"I. Issue a writ of certiorari or any other appropriate writ, order or direction quashing Exts. P1.
II. Issue a writ of mandamus or any other appropriate writ, order direction commanding the respondents 1 to 3 to conduct re-weighing of the petitioner as per rules in the field of Taekwondo.
III. Issue such other order or direction as this Hon"ble Court may deem fit and proper including the cost of the proceedings."
2. The learned Counsel for the petitioner submits that Ext.P1 order passed by the second respondent /the Kerala State Sports Council runs contrary to the proceedings transpired before this Court yesterday in W.P.(C)2735 of 2015 filed by the very same petitioner and as to the further course of action with regard to the norms of selection.
3. The learned Standing Counsel for the second respondent points out that there was no attempt on the part of the Sports
Council in any manner to overreach the directions /observations in connection with the issue projected in the writ petition and that Ext.P1 order came to be passed before the decision could be communicated by the learned Counsel to the second respondent. On bringing the true state of affairs to the notice of the second respondent, Ext.P1 order has been cancelled and proceedings have been re-issued as per proceedings No.KSSC/A3/2234/NG/TAEKWONDO/2014 dated 30.01.2015 which reads as follows:
"With reference to the direction of the Hon'ble High Court of Kerala in the writ petition filed by Kum. Reshma V, the Hon'ble High Court has directed the Kerala State Sports Council to direct you to conduct reselection of Taekwondo State Team for participation in the 35th National Games in fair and transparent manner, as the selection in most of the categories done flouting relevant rules and regulations prescribed in Article 5 of the International Taekwondo Federation.
Hence, I am to direct you to conduct the reselecton of the State Taekwondo Men and Women Team for participation in the 35th National Games from 9th to 13th February 2015 confining the rules stipulated in Article 5 of
International Taekwondon Federation.
The date of weighing and the reselection of State Taekwondo team is to be intimated to under signed at the earliest.
The letter No. KSSC/A3/NG/TAEKWONDO/ 2234/2014 dated 29.01.2015 stands cancelled." In the above circumstance, this Court does not find it necessary to pass further orders in this writ petition. The writ petition stands closed accordingly.
P.R.RAMACHANDRA MENON JUDGE lk