Siyad V.A v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE THURSDAY, THE 13TH DAY OF AUGUST 2015/22ND SRAVANA, 1937 WP(C).No. 24668 of 2015 (S) ---------------------------- PETITIONERS :- ---------------- SIYAD V.A., PRESIDENT ALL INDIA YOUTH FEDERATION TOWN BRANCH COMMITTEE ACHYUTHAMENON MEMORIAL BUILDING NEAR KAROTHUKUZY HOSPITAL, ALUVA - 683 101.
BY ADVS.SRI.S.GOPAKUMAR SMT.T.M.BINITHA RESPONDENTS :- -----------------
1. STATE OF KERALA REP BY SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
2. THE ALUVA MUNICIPALITY REP BY SECRETARY, MUNICIPAL OFFICE, ALUVA PIN - 683 101.
3. THE SECRETARY THE ALUVA MUNICIPALITY, MUNICIPAL OFFICE, ALUVA PIN - 683 101.
R1 BY SPL.GOVERNMENT PLEADER SMT.GIRIJA GOPAL R2 & R3 BY SRI.V.M.KURIAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13-08-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C).No. 24668 of 2015 (S) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS :- ---------------------------- EXT.P1:-TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER DTD 12/2/2015.
EXT.P1(A):-TRUE ENGLISH TRANSLATION OF EXT P1. EXT.P2:-TRUE COPY OF THE REPLY DTD 19/2/2015 ISSUED BY THE 3RD RESPONDENT AGAINST EXT P1.
EXT.P2(A):-TRUE ENGLISH TRANSLATION OF EXT P2. EXT.P3:-TRUE COPY OF THE NOTICE ISSUED BY THE PETITIONER TO 3RD RESPONDENT.
EXT.P3(A):-TRUE ENGLISH TRANSLATION OF EXT P3. EXT.P4:-TRUE COPY OF THE REPLY NOTICE ISSUED BY THE 3RD RESPONDENT DTD 28/2/2015.
EXT.P4(A):-TRUE ENGLISH TRANSLATION OF EXT P4. RESPONDENT(S)' EXHIBITS :- NIL ------------------------------- //TRUE COPY// P.A. TO JUDGE
ASHOK BHUSHAN, C.J & A.M. SHAFFIQUE, J.
---------------------------------- W.P.(C) No.24668 of 2015 ------------------------------------- Dated this the 13th day of August 2015
J U D G M E N T
Shaffique, J.
The petitioner has filed this writ petition in the form of public interest litigation seeking for the following reliefs :- "i.
To call for the records leading to the issuance of Ext.P4 order passed by the 3rd respondent, examine its legality, propriety and quash the same by issuing a writ of certiorari.
ii.
To issue a writ of mandamus and command the 3rd respondent to cancel the decision not to grant the Municipal Recreation Ground other than for Football and open the same to public."
The petitioner submits that respondents 2 and 3 are not allotting the Municipal Recreation Ground, Aluva for any other sports activity other than football. The petitioner submits that respondents 2 and 3 have no such right to prevent any such sporting activity in the Municipal Recreation Ground. Apparently, the decision to allot the stadium for football or any other sports item is purely within the realm of the jurisdiction of Municipality. Since the Municipality has taken a conscious decision to utilise the particular stadium for football alone, we do not think that the writ jurisdiction can be invoked, that too, for setting aside a particular
W.P.(C) No.24668 of 2015 -: 2 :- decision taken by the competent authority. If the petitioner is aggrieved by such a decision, it is for him or any other person interested to approach the Municipality and seek for variation/ modification of such decision. We do not think that such issue can be decided by this Court.
Accordingly, this writ petition is dismissed. Sd/- ASHOK BHUSHAN CHIEF JUSTICE Sd/- A.M. SHAFFIQUE J UDGE Jvt