IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 20TH SEPTEMBER 2011 / 29TH BHADRA 1933 WP(C).No. 15201 of 2011(A) -------------------------- PETITIONER: ------------------ KERALA ARM WRESTLING ASSOCIATION (ARMSPORT), A REGISTERED ASSOCIATION, HAVING OFFICE IN THE ADDRESS `USHUS' PERAMBRA, THRISSUR, KERALA, REP. BY ITS TREASURER M.D.RAPHEAL, AGED 52, S/O.DEVASSY, MALIEKKAL HOUSE, MURINGOOR THEKUMURY VILLAGE,CHALAKUDY,THRISSUR. BY ADVS. SRI.G.SREEKUMAR (CHELUR) SRI.K.RAVI (PARIYARATH) RESPONDENT(S): ------------------------- 1. THE UNION OF INDIA, REP. BY THE SECRETARY, MINISTRY FOR SPORTS AND CULTURAL AFFAIRS, NEW DELHI. 2. THE INDIAN ARM WRESTLING FEDERATION, REGISTERED OFFICE-63, SARATH BOSE ROAD, KOLKATTA-700 025, REP. BY ITS WORKING PRESIDENT HEMANT KUMAR DONGAONKAR. 3. HEMANT KUMAR DONGAONKAR, PLOT NO.1, BANK COLONY, MAYURESH APARTMENTS, BHAGAVAN NAGAR, NAGPUR, MAHARASHTRA-440 027. 4. THE PUNJAB ARM WRESTLING FEDERATION, REP. BY ITS GENERAL SECRETARY, BALWINDER SINGH, HOUSE NO.3263/3, GHARSHANKAR, HOSHIYARPUR, PUNJAB-144 527. R1 BY ADV. SRI.P.PARAMESWARAN NAIR,ASG OF INDIA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 15201 of 2011(A) ---------------------------------------- APPENDIX -------------- PETITIONER'S EXHIBITS ------------------------------------- EXT.P1. COPY OF THE COMMUNICATION OF THE DIRECTORATE OF SPORTS AND YOUTH AFFAIRS, VELLAYAMBALAM, THIRUVANANTHAPURAM DATED 30.5.08. EXT.P2. COPY OF THE COMMUNICATION BY ALL INDIA COUNCIL OF SPORTS OF THE FIRST RESPONDET DATED 28.7.03. EXT.P3. COPY OF THE DETAILS PROVIDED BY THE SECOND RESPONDENT DATED NIL. EXT.P4. COPY OF THE COMMUNICATION BY THE IDIAN ARM WRESTLING FEDERATION DATED 25.3.2011. EXT.P5. COPY OF THE COMMUNICATION BY THE KERALA STATE SPORTS COUNCIL DATED 3.8.2010. XT.P6. COPY OF THE GOVERNMENT ORDER DATD 26.7.08. EXT.P7 COPY OF THE COMMUNICATION BY THE 3RD RESPONDENT DATED 10.4.2011. RESPONDENT'S EXHIBITS: NIL -------------------------------------- / TRUE COPY / P.A. TO JUDGE VK ANTONY DOMINIC, J. ``````````````````````````````````````````````````````````` W.P.(C) No. 15201 of 2011 A ``````````````````````````````````````````````````````````` Dated this the 20th day of September, 2011 J U D G M E N T ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Petitioner claims to be an Association, which has been recognised by the first respondent concerning the sport 'Arm Wrestling'. According to the petitioner, by Ext.P4, second respondent, approved its offer for hosting the national meet of Arm Wrestling in Kerala. It is stated that thereafter, the third respondent, by Ext.P7 e-mail, shifted the venue to Ludhiana in Punjab. It is thereupon the writ petition is filed, seeking to quash Ext.P7 and to direct the first respondent to take action against respondents 2 and 3 for the stand as reflected in Ext.P7. 2. The case was adjourned with a direction to the learned Standing Counsel for the first respondent to report whether they have recognised either the petitioner or the second respondent as a Body, for promoting the sport Arm Wrestling. In pursuance to the said direction, instructions W.P.(C) No.15201/2011 : 2 : have been obtained and it is categorically stated in Court that the first respondent has not recognised either the petitioner or the second respondent for promoting the sport Arm Wrestling. 3. If that be so, in the absence of any State control over the second respondent and as the second respondent is not discharging any public duties, it cannot be said that the writ petition against the second respondent or the third respondent, for that matter, is maintainable. Therefore, the remedy of the petitioner is not in a proceedings under Article 226 of the Constitution of India. Needless to say that, this Court has not expressed anything on the merits of the contentions raised by the petitioner. Writ petition is dismissed. Sd/- (ANTONY DOMINIC, JUDGE) aks/20/09 // True Copy // P.A. To Judge