Sathyan Puthoor v. Secretary To Prime Ministers Office
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE MONDAY, THE 7TH DAY OF SEPTEMBER 2015/16TH BHADRA, 1937 WP(C).No. 26871 of 2015 (S) ---------------------------- PETITIONER :
--------------------- SATHYAN PATHOOR S/O. NANU, AGED 50, ADVOCATE HIGH COURT OF KARNATAKA NAJPAPPA MANCION 29, K.H. ROAD, BANGALORE -560 027 HARI NIVAS, PUTHOOR P.O., PANOOR, THALASSERY.
BY ADVS.SRI.JOHNSON MANAYANI SRI.JEEVAN MATHEW MANAYANI RESPONDENT(S) :
---------------------------- 1.
SECRETARY TO PRIME MINISTERS OFFICE CENTRAL SECRETARIAT, NEW DELHI - 110 001.
2.
SECRETARY TO MINISTRY OF SPORTS CENTRAL SECRETARIAT, NEW DELHI - 110 001.
3.
THE STATE OF KERALA REPRESENTED BY ITS CHIEF SECRETARY SECRETARIAT, TRIVANDRUM - 695 001.
4.
THE KERALA SPORTS COUNCIL REPRESENTED BY ITS SECRETARY TRIVANDRUM - 695 001.
5.
UNION OF INDIA REPRESENTED BY ITS SECRETARY TO SPORTS SECRETARIAT, NEW DELHI - 110 001.
R1 TO R3 BY SR. GOVT. PLEADER SRI. P.I. DAVIS R4 BY ADV. SMT.LATHA KRISHNAN, SC R5 BY ADV. SRI.N.NAGARESH, ASGI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Mn ...2/-
WP(C).No. 26871 of 2015 (S) APPENDIX PETITIONER'S EXHIBITS :
EXT.P1 : COPY OF THE PETITIONER'S BIO DATA.
EXT.P2 COPY OF THE WRITE UP DONE BY PETITIONER'S COUNSEL IN CYBER MEDIA DATED 7.2.2015.
EXT.P3 COPY OF THE NEWS PAPER ARTICLE DATED 9.8.2015 OF MALAYALA MANORAMA.
EXT.P3(a) TRUE ENGLISH TRASLATION OF EXHIBIT P3.
EXT.P4 COPY OF THE PETITION FILED BY THE PETITIONER BEFORE THE RESPONDENTS DATED 10.8.2015.
RESPONDENT'S EXHIBITS : NIL //TRUE COPY// P.A. TO JUDGE Mn
ASHOK BHUSHAN, CJ & A.M.SHAFFIQUE, J.
* * * * * * * * * * * * * W.P.C.No.26871 of 2015 ---------------------------------------- Dated this the 7th day of September 2015
J U D G M E N T
Shaffique, J This writ petition is filed in the form of a public interest litigation seeking the following reliefs:
"i.
Issue a writ of mandamus or any other appropriate writs, directions or orders commanding the respondents to give Dhyanchand award or Padma awards to Sri.Manuel Fredericks.
ii.
Issue a writ of mandamus or any other appropriate writs, directions or orders commanding the respondents to grant and disburse financial assistance to Manuel Fredericks to complete his household project.
Iii.
Issue appropriate directions or orders directing the respondents to enquire into and grant Exhibit P4 petition."
2.
Petitioner claims to be a social activist being a practicing Advocate. He is ventilating the case of Sri.Manuel Fredericks, an Olympian from Kannur. It is stated that Manuel
Fredericks is the only Malayalee Medal winner in Olympics till now. He was in the Indian hockey team and had won a bronze medal for India in 1972 Olympics. It is stated that several hockey players who were part of the said team were awarded various honours, but no respect has been shown to Sri.Manuel Fredericks. Petitioner had submitted representations to various authorities but so far no action has been taken in the matter. Therefore he has approached this Court.
3.
Grant of award to a sports person is purely within the discretion of the competent authorities and it cannot be the subject matter in which public interest litigation can be maintained by this Court. It is for the respective authorities to consider the matter on the basis of the request made by the competent organization supporting hockey or any other sports event, as the case may be.
4.
Learned counsel for the petitioner submits that Ext.P4 should be directed to be considered by the concerned Ministry. 5.
We do not think that this Court will be justified in directing the concerned Ministry to consider the case of any individual sports person. It is for the petitioner or the individual
sports person, as the case may be, to approach the Ministry in accordance with the procedure prescribed. There is no statutory basis for the aforesaid contention. Therefore, we do not think it necessary to interfere in the matter in a public interest litigation. Accordingly, this writ petition is dismissed. (sd/-) (ASHOK BHUSHAN, CHIEF JUSTICE) (sd/-) (A.M.SHAFFIQUE, JUDGE) jsr