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AJITHAKUMARI A.S. versus KERALA SPORTS COUNCIL

High Court of Kerala

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AJITHAKUMARI A.S. v. KERALA SPORTS COUNCIL - WP(C) No. 15163 of 2005(E) [2006] RD-KL 2501 (5 December 2006)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 15163 of 2005(E)

1. AJITHAKUMARI A.S.,
... Petitioner

Vs

1. KERALA SPORTS COUNCIL,
... Respondent

2. STATE OF KERALA,

For Petitioner :SRI.B.GOPAKUMAR

For Respondent :SRI.T.R.RAMACHANDRAN NAIR,SC.K.S.COUNCI

The Hon'ble MR. Justice KURIAN JOSEPH

Dated :05/12/2006

O R D E R

KURIAN JOSEPH, J.

W.P. (C). NO. 15163 OF 2005

Dated this the 5th day of December, 2006



J U D G M E N T

The original petition is filed mainly with the following prayer:-

"(i) To issue a writ of mandamus or any other appropriate writ, direction or order directing the respondents to see that all the selection and appointments are made to five posts reserved for cycling event/discipline specified in Annexure 1 to Ext.P1 immediately and without any further delay, purely on the basis of merit and entitlement by giving preference to the candidates who have made achievements earlier."

2. It is seen from the counter affidavit filed by the 2nd respondent that the impediment is the pendency of a Civil Suit in O.S. 107/04 on the file of the Second Additional Munsiff Court, Thiruvananthapuram. Learned Government Pleader submits that since the Government wants to fill up the existing five vacancies, steps have already been taken to get the interim injunction in the suit vacated. Learned Government Pleader further submits that the suit itself is not maintainable. Since the suit is of the year 2004 and since due to the pendency of the case, the appointments are held up, there will be a direction to the Second Additional Munsiff Court, Thiruvananthapuram to decide on the maintainability of the case as a preliminary issue, within a period of one month from the date of receipt of a WPC NO.15163/05 Page numbers copy of this judgment. The Registry will immediately communicate a copy of this judgment to the Second Additional Munsiff Court, Thiruvananthapuram. Depending on the outcome of the civil case, the respondents will take steps to finalise the selection without delay. The original petition is disposed of as above.

KURIAN JOSEPH, JUDGE

vps WPC NO.15163/05 Page numbers

KURIAN JOSEPH, JUDGE

OP NO.

JUDGMENT

5th DECEMBER, 2006


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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