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2022 Supreme(Online)(Ker) 73770

IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
P.P.THOBIYAS – Appellant
Versus
STATE OF KERALA – Respondent
WP(C) NO. 23374 OF 2021



Advocates:
For the Appellants/Petitioners: JAMSHEED HAFIZ, K.K.NESNA
For the Respondents: 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

Writ petitions against private organizations not classified as 'State' under Article 12 are not maintainable, emphasizing the autonomy of state associations in conducting sports leagues.

Headnote:(A) Article 12 of the Constitution of India - Writ jurisdiction - The petitioners sought to challenge a circular by a private organization concerning the conduct of the Kerala Premier League, alleging violations of rights to equality and natural justice - Court determined that writ petition against the private body is not maintainable as it does not qualify as 'State' under Article 12. (Paras 6, 9, 11)

(B) The court also noted that matters concerning the conduct of state championships are primarily governed by the respective state associations' regulations, and interference by the higher authority is unwarranted unless prescribed by law. (Paras 3, 11)

Facts of the case:
Petitioners, including former football players and coaches, challenged the legality of a circular by the Kerala Football Association introducing a participation fee and corporate entry for the Kerala Premier League, claiming it was unjust and discriminatory, particularly in light of the COVID-19 pandemic.

Findings of Court:
The petition was dismissed on grounds of maintainability, affirming that the fourth respondent is a private organization not within writ jurisdiction.

Issues: The main issues included whether the fourth respondent is amenable to writ jurisdiction under Article 12 and whether the rules for the Kerala Premier League were in violation of constitutional rights.

Ratio Decidendi: The court concluded that the fourth respondent's functions are private, not public duties, thus barring writs under Article 12. Additionally, state associations retain autonomy in league conducts.

Result: Writ petition dismissed.

Table of Content
1. writ petition filed to challenge circular (Para 1)
2. petitioners argue circular violates rights (Para 2 , 3 , 4)
3. counterarguments regarding maintainability (Para 5 , 6 , 7)
4. court's reasoning based on precedent (Para 8 , 9)
5. writ petition dismissed, contentions open (Para 11)

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 Footbal

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