IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 13TH DECEMBER 2011 / 22ND AGRAHAYANA 1933 WP(C).No. 3501 of 2004(P) -------------------------------- PETITIONER(S): ------------------- 1. MANI JACOB, EMEES TRADERS, M.C.JACOB AND SONS BUILDING, M.L.ROAD, KOTTAYAM. 2. KORAH VARGHESE, PADIPURACKAL HOUSE, NAGAMPADAM, KOTTAYAM. BY ADV. SRI.M.J.THOMAS RESPONDENT(S): --------------------- 1. THE STATE OF KERALA, REP.BY THE SPORTS SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE KERALA SPORTS COUNCIL, THIRUVANANTHAPURAM, REP.BY ITS SECRETARY. 3. THE KOTTAYAM DISTRICT SPORTS COUNCIL, KOTTAYAM, REP.BY ITS SECRETARY. R1 BY GOVT. PLEADER SMT. SANJEETHA R2 BY ADVS. SMT.P.K.RADHIKA,SC,STATE SPORTS COUNCIL SRI.VARGHESE C.KURIAKOSE SRI.M.P.PRINCE PIRAPPANCODE V.S.SUDHEER,SC,SPORTS COUN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 3501/2004 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF GIFT DEED DATED 04/03/1983 EXECUTED BY KOTTAYAM MUNICIPAL COUNCIL IN FAVOUR OF THE 3RD RESPONDENT. P2: COPY OF STATEMENT SHOWING THE AMOUNTS OFFERED AND PAID BY THE DIFFERENT TYPES OF MEMBERS. P3: COPY OF BALANCE SHEET OF THE 3RD RESPONDENT AS ON 31/03/2003. P4: COPY OF EXTRA-ORDINARY GAZETTE DATED 03/12/2003. P5: COPY OF THE ORDER DATED 20/10/2003 IN C.M.P. NO.39055/2002 IN O.P.22855/2002 OF THIS HONOURABLE COURT. P6: COPY OF PAMPHLET ISSUED BY THE 3RD RESPONDENT. P7: COPY OF COMMUNICATION SENT BY THE 3RD RESPONDENT TO THE 2ND PETITIONER DATED 23/02/96. P8: COPY OF LETTER DATED 20/03/1996 ISSUED BY THE 3RD RESPONDENT TO THE 2ND PETITIONER DATED 20/03/1996. P9: COPY OF LETTER DATED 30/04/1996 ISSUED BY THE 3RD RESPONDENT TO THE 2ND PETITIONER. P10: COPY OF PROJECT REPORT OF JOSE AND J.J.ARCHITECTS, CALICUT. P11: COPY OF AUDITOR'S REPORT AND THE ANNUAL STATEMENT OF INDOOR STATIUM ENDING ON 31/03/2003. P12: COPY OF JUDGMENT DATED 05/12/2003 IN WPC. NO.38388/2003 OF THIS HONOURABLE COURT. P13: COPY OF GOVERNMENT ORDER IN CONNECTION WITH BUILDING SANCTION DATED 08/01/1996. P14: COPY OF THE BUILDING SANCTION ISSUED BY THE KOTTAYAM MUNICIPALITY DATED 06/02/1996. P13: COPY OF THE G.O. (Rt) NO.111/2004 DATED 16/03/2004. P14: COPY OF G.O. (Rt) NO.5645/2005 DATED 03/12/2005/ svs ..............2/-... ...2... WPC. 3501/2004 P15: COPY OF G.O. (MS)NO.246/2006 DATED 18/11/2006 P16: COPY OF THE RELEVANT PORTION OF G.O.(MS)NO.135/2007 DATED 05/07/2007. P17: COPY OF THE JUDGMENT DATED 25/05/2006 IN OP NO.22855/2002. P18: COPY OF THE NEWSPAPER ITEM PUBLISHED ON 12/08/2007 IN MALAYALA MANORAMA. P19: NEWSPAPER ITEM PUBLISHED IN MALAYALA MANORAMA. RESPONDENT'S EXHIBITS: R3(a):COPY OF THE NOTIFICATION IN MALAYALA MANORAMA DAILY DATED 18/08/2000. R3(b):COPY OF THE DECISION DATED 07/03/2001. R3(c):COPY OF THE PROJECT REPORT DATED NIL. R3(d):COPY OF THE MINITUS OF METING STATEMENT DATED 10/03/2000. R3(e):COPY OF THE INVITATION CARD DATED NIL. R3(f):COPY OF THE PAPER NEWS IN DESHIBIMANI DAILY DATED 11/03/2001. R3(g):COPY OF THE PRESS CONFERENCE STATEMENT DATED 09/03/2001 R3(h):COPY OF THE LETTER DATED 13/02/2002. R3(i):COPY OF THE LETTER DATED 26/02/2002. /TRUE COPY/ P.A. TO JUDGE. svs ANTONY DOMINIC, J. ``````````````````````````````````````````````````````````` W.P.(C) No. 3501 of 2004 P ``````````````````````````````````````````````````````````` Dated this the 13th day of December, 2011 J U D G M E N T ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Among various prayers that are sought for, the only prayer that is pressed before this Court reads as under:- “Issue a writ of mandamus or any other writ, order, or direction, directing the third respondent to start and complete the construction of the Indoor Stadium at Kottayam at the land conveyed as per Ext.P1 within a specified period and in case of failure to construct the Indoor Stadium to return the amounts collected from the members to the concerned members.” 2. It is seen that, by Ext.P1, with the concurrence of the State Government, the Municipal Council of Kottayam transferred 1 Acre and 60 cents of land to the third respondent for the construction of an Indoor Stadium. It appears that in pursuance to the said proposal, the third respondent moved a project by name Kottayam Indoor Project and given different classes of membership to various W.P.(C) No.3501/2004 : 2 : people collecting amounts from them. According to the petitioners, they too have contributed money for the establishment of the Stadium. The transfer of the land as per Ext.P1 was as early as on 04.03.1983 and memberships were given from 1982 onwards till the middle of 1990s. It appears that, in the meanwhile, in 2005, the property was re-conveyed to the Municipality, which order was cancelled by Ext.P13 Government Order dated 04.04.2009. It also appears that 40 cents out of the land conveyed to the third respondent was set apart for the construction of a Sports Hostel by the Sports Council and only 1.20 Acres of land is left with the third respondent for the purpose of the project. 3. As already seen, though the project was conceived in the early 1980s, apart from making available the land and making the project is still not implemented. It is therefore the petitioners seek the aforesaid prayer in this writ petition. 4. Standing Counsel for the Sports Council submits that the Sports Council is still desirous of implementing the W.P.(C) No.3501/2004 : 3 : project. 5. Since the Sports Council, which is the apex body of the third respondent, is still desirous of implementing the project, at this stage, there arise no question of this Court directing respondents 2 or 3 to refund any amount that is collected from the general public. However, implementation of the project has to be done on an expeditious basis and, therefore, I direct respondents 2 and 3 to implement the project for establishing the Indoor Stadium in the land allotted as per Ext.P1, as expeditiously as possible and that, the works in that behalf will be commenced, at any rate, within one year from now. It is made clear that, if this project is not implemented, the respondents will ensure that the amounts collected from the general public will be returned to the respective donors. Writ petition is disposed of as above. Sd/- (ANTONY DOMINIC, JUDGE) aks/14/12