Kerala High Court

WP(C)/41361/2016 of SAYUJYA VINOD Vs THE STATE OF KERALA on 30 December 2016

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COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN FRIDAY, THE 30TH DAY OF DECEMBER 2016/9TH POUSHA, 1938 WP(C).NO.41361 OF 2016(U) PETITIONER(S): ------------- SAYUJYA VINOD, AGED 16 YEARS, D/O.VINOD RAVEENDRANATH, MINOR, REPRESENTED BY HER FATHER VINOD

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

FRIDAY, THE 30TH DAY OF DECEMBER 2016/9TH POUSHA, 1938

WP(C).NO.41361 OF 2016(U)

PETITIONER(S):-------------

SAYUJYA VINOD, AGED 16 YEARS, D/O.VINOD RAVEENDRANATH,MINOR, REPRESENTED BY HER FATHER VINOD RAVEENDRANATH, AGED 44 YEARS, S/O.RAVEENDRANATH K.R, KUMARAMKANDATHIL VINOD BHAVAN, KAIPPUZHA NORTH, KAIPPUZHA NORTH PO, KULANADA,PATHANAMTHITTA (DT), KERALA-689503.

BY ADVS.SRI.P.CHANDRASEKHAR SRI.P.A.MOHAMMED SHAH SMT.SANDHYA R.NAIR

RESPONDENT(S):

--------------

1. THE STATE OF KERALA,REPRESENTED BY SECRETARY, DEPARTMENT OF SPORTS ANDYOUTH AFFAIRS - KERALA, ROOM NO.395, 1ST FLOOR,MAIN BLOCK, SECRETARIAT, MAHATHMA GANDHI ROAD,STATUE, PALAYAM, THIRUVANANTHAPURAM 695001.REPRESENTED BY SECRETARY, DEPARTMENT OF SPORTS ANDYOUTH AFFAIRS - KERALA, ROOM NO.395, 1ST FLOOR,MAIN BLOCK, SECRETARIAT, MAHATHMA GANDHI ROAD,STATUE, PALAYAM, THIRUVANANTHAPURAM 695001.

2. KERALA STATE YOUTH WELFARE BOARD,

REPRESENTED BY ITS CHAIRMAN YOUTH BHAWAN,NEAR DOORDDARSHAN KENDRAM, KUDAPPANAKUNNU,THIRUVANANTHAPURAM, 695043.NEAR DOORDDARSHAN KENDRAM, KUDAPPANAKUNNU,THIRUVANANTHAPURAM, 695043.

3. THE DISTRICT YOUTH INFORMATION OFFICER(PATHANAMTHITTA),DISTRICT YOUTH CENTRE, REVENUE TOWER, 5TH FLOOR,ADOOR PO, PATHANAMTHITTA 689693.DISTRICT YOUTH CENTRE, REVENUE TOWER, 5TH FLOOR,ADOOR PO, PATHANAMTHITTA 689693.

4. THE CHARIMAN, ORGANISING COMMITTEE KERALOTSAVAM - PATHANAMTHITTA DISTRICT [PRESIDENT, PATHANAMTHITTA DISTRICT PANCHAYATH], COLLECTORATE ROAD, CHITTOOR, PATHANAMTHITTA-689645.PATHANAMTHITTA DISTRICT [PRESIDENT, PATHANAMTHITTA DISTRICT PANCHAYATH], COLLECTORATE ROAD, CHITTOOR, PATHANAMTHITTA-689645.

5. THE GENERAL CONVENOR, ORGANISING COMMITTEE KERALOTSAVAM - PATHANAMTHITTA DISTRICT, [THE SECRETARY, PATHANAMTHITTA DISTRICT PANCHAYATH], COLLECTORATE ROAD, CHITTOR, PATHANAMTHITTA 689645.PATHANAMTHITTA DISTRICT, [THE SECRETARY, PATHANAMTHITTA DISTRICT PANCHAYATH], COLLECTORATE ROAD, CHITTOR, PATHANAMTHITTA 689645.

BY SENIOR GOVERNMENT PLEADER SMT.VINEETHA HARIRAJ

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON30-12-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

APPENDIX

PETITIONER(S)' EXHIBITS:

P1:COPY OF CERTIFICATE FOR KUCHIPUDI DATED 12.12.2016.

P2:COPY OF CERTIFICATE FOR FOLK DANCE DATED 12.12.2016.

P3:COPY OF CERTIFICATE OF BHARATHANATYAM DATED 12.12.2016.

P4:COPY OF ACKNOWLEDGMENT RECEIPT ISSUED BY THE 5TH RESPONDENT.

RESPONDENT(S)' EXHIBITS:-NIL

KRJ

/TRUE COPY/

P.A. TO JUDGE

DEVAN RAMACHANDRAN, J

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P(C) No.41361 of 2016

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 30[th] day of December, 2016

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JUDGMENT

The petitioner has approached this Court claiming that she begiven an opportunity to participate in the Bharathanatyam eventunder the Aegis of of Keralotsavam State Level Competition, 2016,which is to be conducted from 31.12.2016 to 02.01.2017 atThiruvalla. Her grievance is that even though she has secured firstrank in two other disciplines, she has been deliberately givensecond rank in order to prejudice her chances from participating inthe State Level Competition.

2. On 27.12.2016, when this case was taken up, I had askedthe learned Government Pleader to take instructions as to whetherthe petitioner could be allowed to participate, especially becauseshe appears to have secured first rank in two other disciplines andsecond rank in Bharathanatyam. However, when this matter is takenup today, the learned Government Pleader submits that she has notbeen able to obtain instructions.

3. Taking into account the fact that the event is scheduled tocommence on 31.12.2016, i.e. tomorrow, I think that any furtherdelay would cause irreparable injury to the petitioner. In such WP(C).41361/16

circumstances, I am of the view that this writ petition can beallowed allowing the petitioner to participate in the Bharathanatyamevent for Keralotsavam - State Level Competition, 2016, which is tocommence from 31.12.2016 to 02.01.2017 at Thiruvalla.

4. I am passing this order for the added reason that eventhough the petitioner had preferred an appeal under the applicableKeralotsavam Manual, no further orders appear to be issued on thesuch appeal The writ petition is ordered as above.

krj.30/12

Sd/-

Devan Ramachandran, Judge

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