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2014 Supreme(Ker) 963

High Court of Kerala
Ashok Bhushan, A.M. Shaffique, JJ.
Kerala Roller Skating Association - Appellant
Versus
Ernakulam District Roller Skating Association & Ors - Respondent
W.A. No. 1581 of 2014
Decided On : 17-12-2014

Headnote:A. Constitution of India, 1950 Article 226- The public function cannot be held as the state function -The charity institution like private institutions can also function the public functions that they interferer in the public dealings.

JUDGMENT

Ashok Bhushan, Ag. C.J.

1. These two appeals have been filed against the same judgment dated 28.10.2014 in W.P(C) No.27276 of 2013 filed by the Ernakulam District Roller Skating Association (hereinafter referred to as the Writ Petitioner). The other parties shall also be referred to in the manner as described in the Writ Petition.

2. Brief facts giving rise to these Writ Appeals are: Petitioner is the recognized District Sports Organization (hereinafter referred to as the District Association) registered with the Ernakulam District Sports Council. The petitioner is affiliated to the Kerala Roller Skating Association (hereinafter referred to as the State Association). Petitioner was registered with the District Sports Organization on 31.07.2008. The District Association is also registered under the Travancore Cochin Literary, Scientific and Charitable Societies Registration Act, 1955. The District Association has been conducting District Championship for the events in speed, artistic and roller hockey for different age groups of Boys/Women in Quad and Inline categories every year. The State Association was registered with the State Sports Council on 23.04.2013. The District Association claimed election of its office bearers on 28.09.2013 in the presence of Observer of the Ernakulam District Sports Council. The State Association took a decision on 25.05.2013 to request all District Associations to conduct District Roller Skating Championship before 31.10.2013 with advance intimation to the State Association and respective District Sports Council. Petitioner decided to conduct Roller Skating Championship on 4, 5, 6 and 12th of October, 2013 which was informed to all concerned. The District Championship was conducted on the above dates, to select the players who were entitled to participate in the State Championship scheduled to be conducted in Idukki District from 14th to 17th November, 2013. Petitioner's case is that the District Roller Skating championship was conducted in the presence of Observer Shri M.A.Thomas from the District Sports Council. The 3rd respondent sent a letter on 07.10.2013 to all District Associations to conduct the District Roller Skating championship and participate in the State Roller Skating Championship. The 5th respondent initiated disciplinary action for termination/disaffiliation of the petitioner and a resolution was passed 7.10.2013 to disaffiliate the petitioner. A letter dated 23.10.2013, Ext.P15, was issued to the Secretary of the Ernakulam District Roller Skating Association informing that it was resolved to terminate/disaffiliate the District Association with immediate effect. Another letter, Ext.P16, was issued constituting an ad hoc committee to carry on the day to day affairs of the Roller Skating in Ernakulam District including conduct of selection trials. After constitution of the ad hoc committee, the 5th respondent selected the District team for Ernakulam to report in the State championship. At that juncture petitioner filed the Writ Petition praying for the following reliefs:

(i) issue a writ of mandamus or such other writ, direction or order compelling the Ernakulam District Sports Council to restrain respondents 6 to 8 and the adhoc committee constituted by the 5th respondent as per Ext.P16 from functioning in Ernakulam District in connection with the discipline of Roller Skating sport or conducting the activities and responsibilities of the Ernakulam District Roller Skating Association;

(ii) declare that the Ernakulam District teams and players selected by the petitioner-Association as per Exhibit P11 alone are entitled to participate in the State Roller Skating Championships 2013-14 to be conducted;

(iii) declare that Exhibits P15 and P16 are void ab initio and without jurisdiction."

3. Interlocutory Application was also filed in the Writ Petition for a direction to permit the persons selected by the petitioner to take part in the State level championship which was to be held in
























































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