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High Court of KeralaWP(C)/28134/2015disposed of

Trivandrum District Roller Skating Association v. The Kerala State Youth Commission

2015-09-25Honourable Mr. Justice A.Muhamed Mustaque3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE FRIDAY, THE 25TH DAY OF SEPTEMBER 2015/3RD ASWINA, 1937 WP(C).No. 28134 of 2015 (N) ---------------------------- PETITIONER(S):

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1. TRIVANDRUM DISTRICT ROLLER SKATING ASSOCIATION, T.C.26/510, SERA-52, LOURDE'S COTTAGE, NEAR ADHYAPAKABHAVAN, THIRUVANANTHAPURAM -695 001, REPRESENTED BY ITS SECRETARY, MR.SEBASTIAN PREM.

2. KERALA ROLLER SKATING ASSOCIATION, C 26/510, SERA-52, LOURDE'S COTTAGE, NEAR ADHYAPAKABHAVAN, THIRUVANANTHAPURAM-695 001, REPRESENTED BY ITS SENIOR VICE PRESIDENT MR.B.V.N. REDDY. BY ADVS.SRI.BABU KARUKAPADATH, SMT.M.A.VAHEEDA BABU, SRI.K.A.NOUSHAD, SRI.P.U.VINOD KUMAR, SRI.MITHUN BABY JOHN, SRI.J.RAMKUMAR.

RESPONDENT(S):

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1. THE KERALA STATE YOUTH COMMISSION, VIKAS BHAVAN, THIRUVANANTHAPURAM -695 033.

2. AL-AMEEN, AGED 33 YEARS, T.C.35/356, HANEEFA NAGAR, VALLAKADAVU P.O., THIRUVANANTHAPURAM.

3. TRIVANDRUM DISTRICT SPORTS COUNCIL, OFFICE OF THE DISTRICT SPORTS COUNCIL, NEAR GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY. R1 BY GOVT. PLEADER SRI.GIKKU JACOB.

R2 BY ADVS. SRI.M.A.AUGUSTINE, SRI.P.ANSAR.

R3 BY ADV. SMT.LATHA ANAND, SC.

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

rs.

WP(C).No. 28134 of 2015 (N) APPENDIX PETITIONER'S EXHIBITS:- P1A TRUE COPY OF THE F.I.R DATED 26.10.2013 SUBMITTED BY THE POLICE BEFORE THE HONOURABLE JUDICIAL FIRST CLASS MAGISTRATE COURT-I, THIRUVANANTHAPURAM AGAINST THE 2ND RESPONDENT AND ANOTHER. P2A TRUE COPY OF THE LETTER DATED 04.12.2013 ISSUED B THE MANAGEMENT OF ST.THOMAS HIGHER SECONDARY SCHOOL, MUKKOLA TO THE 1ST PETITIONER ASSOCIATION.

P3A TRUE COPY OF THE NEWSPAPER REPORT WHICH CAME IN KERALA KAUMUDI DAILY DATED 27.10.2013.

P4A TRUE COPY OF THE NEWSPAPER REPORT WHICH CAME IN DEEPIKA DAILY DATED 27.10.2013.

P5A TRUE COPY OF THE NEWSPAPER REPORT WHICH CAME IN MADHYAMAM DAILY DATED 27.10.2013.

P6A TRUE COPY OF THE REPORT DATED 09.12.2013 SUBMITTED BY THE OBSERVER BEFORE THE 3RD RESPONDENT.

P7A TRUE COPY OF THE ORDER DATED 16.09.2014 ISSUED BY THE 1ST PETITIONER TO THE 2ND RESPONDENT, IMPOSING AN AWARD OF PUNISHMENT OF DEBARRING FOR A PERIOD OF 5 YEARS FROM ALL ACTIVITIES OF THE 1ST PETITIONER ASSOCIATION/KRSA/RSFI WITH EFFECT FROM THE DATE OF OCCURRENCE OF THE INCIDENT ON 26.10.2013. P8A TRUE COPY OF THE PETITION DATED 25.02.2015 SUBMITTED BY THE 2ND RESPONDENT BEFORE THE 1ST RESPONDENT. P9A TRUE COPY OF THE I.A. RECEIVED AS UNNUMBERED BY THE PETITIONERS FILED BY THE 1ST RESPONDENT IN EXHIBIT P8 PETITION. P10A TRUE COPY OF THE LETTER DATED 07.08.2015 SUBMITTED BY THE 2ND RESPONDENT BEFORE THE 1ST PETITIONER ASSOCIATION. P11A TRUE COPY OF THE OBJECTION DATED 11.09.2015 SUBMITTED BY THE PETITIONERS BEFORE THE 1ST RESPONDENT.

P12A TRUE COPY OF THE ORDER DATED 11.09.2015 IN PETITION NO.212/A2/15 OF THE 1ST RESPONDENT.

P13A TRUE COPY OF THE KERALA STATE YOUTH COMMISSION ACT, 2014. RESPONDENT'S EXHIBITS:- NIL.

//TRUE COPY// P.A. TO JUDGE rs.

A.MUHAMED MUSTAQUE, J.

***************************************************************************** W.P.(C) No.28134 of 2015 ****************************************************************************** Dated this the 25th day of September, 2015

JUDGMENT

This Court granted stay on 17.9.2015 after taking note of the jurisdiction of the first respondent to pass the impugned order, this order will not stand in the way of the petitioner in approaching the competent authority for the appropriate relief. 2.

The second respondent submits that he has no objection in disposing this writ petition in light of the interim order. Accordingly, in the light of the interim order dated 17.9.2015, this writ petition is disposed of. It is made clear that the interim order will not stand in the way of the petitioner in seeking appropriate relief before the competent forum or court. Sd/- A.MUHAMED MUSTAQUE, JUDGE ln