IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN WEDNESDAY, THE 23RD DAY OF FEBRUARY 2022/4TH PHALGUNA,1943 WP(C) NO. 23374 OF 2021 PETITIONER/S:
1 P.P.THOBIYAS, AGED 57 YEARS S/O. P. A. PETER, POTHADIYIL HOUSE, VELIKUNNU, MUTTADA P.O., THIRUVANANTHAPURAM.
2 RUFUS D' SOUZA , AGED 88 YEARS S/O. LATE LEWIS D' SOUZA, LUDES VILLA, FORT COCHIN P. O., PIN - 682 001, ERNAKULAM DISTRICT, SECRETARY SANTOS FOORTBALL CLUB KOCHI.
3 HENRY SHAJAN , S/O. P. A. PETER, POTHADI HOUSE, BOLGATTY, MULAVUKADU P. O., PIN - 682504, KANAYANOOR TALUK, ERNAKULAM DISTRICT.
4 BOLGATTY FOOTBALL CLUB
52/11, BOLGATTY, MULAVUKADU, REPRESENTED BY ITS SECRETARY, BONY THOMAS, AGED 59 YEARS, S/O. A.
T. FRANCIS, SREE PANORAMA GARDENS, PANDARACHIRA
1ST CROSS ROAD, KADAVANTHRA SOUTH, ERNAKULAM, PIN - 682 020.
BY ADVS.
JAMSHEED HAFIZ K.K.NESNA RESPONDENT/S:
1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE SPORTS DEPARTMENT, THIRUVANANTHAPURAM - 695 001. 2 THE SPORTS COUNCIL OF KERALA STATUE THIRUVANANTHAPURAM - 695001, REPRESENTED BY ITS SECRETARY.
3 THE ALL INDIA FOORTBALL FEDERATION FOOTBALL HOUSE, SECTOR 19, PHASE 1, DWARAKA, NEW DELHI, PIN - 110075, REPRESENTED BY ITS SECRETARY.
4 KERALA FOOTBALL ASSOCIATION VIP SECTOR - A, FIRST FLOOR, JAWAHARLAL NEHRU INTERNATIONAL STADIUM, KALOOR, KOCHI, PIN -
682017, REPRESENTED BY ITS SECRETARY.
BY ADVS.
JIKKU SEBAN GEORGE PRAVEEN K. JOY DEEPTI SUSAN GEORGE T.A.JOY E.S.SANEEJ M.P.UNNIKRISHNAN M.K.SAMYUKTHA N.ABHILASH SANDRA S.KUMAR DEEPU RAJAGOPAL OTHER PRESENT:
SMT.LATHA ANAND, SC, SRI.JOBY JOSEPH, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
P.V.KUNHIKRISHNAN, J.
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W.P. (C) No. 23374 of 2021 =============================================================
Dated this the 23rd day of February, 2022
JUDGMENT
The above writ petition is filed with following prayers: “i. Issue a writ of certiorari or any appropriate writ or direction, to call for records leading to Ext.P1 circular and set aside the same.
ii. Issue a writ of mandamus or any other appropriate writ or direction directing the respondents 1 to 3 to take over the Kerala Premier League and conduct the same after drawing proper rules and regulation and conduct the State League Championship to select winners and runner ups among the District League Champions to be qualified for the 2nd division I-League Championship.
iii. Pass any other appropriate writ, order or direction which this Hon’ble Court may deem fit to issue and the petitioner may pray from time to time.” (Sic)
2. Ext.P1 is a circular issued by the 4th respondent. The
1st petitioner is the former Junior Indian Football team Captain and former Indian Senior Football Team Player who also played for Kerala Police Football Team and retired form Government Service as the Commanding Chief Marshal in the Rank of Superintendent of Police. According to the 2nd petitioner, he is a reputed coach in India, who was honoured by the Prime Minister for his achievements in sports and is the Secretary of Santos Football Club registered with the 4th respondent. The 3rd petitioner is also claims to be a former football player, who claims that he played for Kerala Police and is presently a recognised coach in India recognised by the National Institute of Sports. The grievance of the petitioners is that as per Ext.P1 circular issued by the 4th respondent, an injustice is done to football lovers. According to the petitioners, Ext.P1 circular is issued by the 4th respondent in an unjust, illegal manner violating the right to equality guaranteed by the Constitution in total defiance to the rules and regulations to be followed. It is contended that the 4th respondent is conducting the Kerala Premier League (KPL for short) in total violation to equality and natural justice. The 4th respondent, in order to induct teams of their choice, without formulating any rules and regulations is conducting the tournament in the name ‘Kerala Premier League’ without any authority. It is the grievance of the petitioners that huge amount is collected by the 4th respondent for entry to the tournament. According to the petitioners, unlike in the previous years, from this year onwards the 4th respondent has insisted for deposit of Rs.25,000/- with tax as an eligibility criteria for participating in the State Championship League. This, according to the petitioners is unjust, illegal and arbitrary, because many clubs in the State are unable to join the tournament because of the lack of money that too during this tougher times of Covid-19. It is also stated that various institutional teams like Central Excise, Port Trust and various other institutional teams are also not participating because the institution does not permit for participating in such kind of tournaments. According to the petitioners, the above act of fixing Rs.25,000/- with tax is done only by the Football Association of the State of Kerala and no other part of the country is receiving money from any of the football clubs for participating in the State League Tournament for a qualification to the 2nd division of the I-league. It is also alleged that Ext.P1 circular offers a corporate entry to the tournament. It is the case of the petitioners that the 4th respondent, in order to bring teams of their choice, has started a new entry called Corporate Entry, which permits any team directly to play the league, if they are ready to deposit 7.5 lakhs of rupees. According to the petitioners, the Kerala Football Association, who is accepting aid and grant from respondents 1 and 2 cannot be a money- making institution without promoting football. The 4th respondent Association itself is formed for promoting football and encourage the young general into football. Therefore, it is contended that Ext.P1 ci
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