IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN TUESDAY, THE 1^ST DAY OF FEBRUARY 2022 / 12TH MAGHA, 1943 WP(C) NO. 11790 OF 2021 PETITIONER:

DAVID JOHN AGED 42 YEARS, SON OF P.D JOHNSON, PUDUKADAN HOUSE, CHEROOR ROAD, THRISSUR - 680020 BY ADVS.

PRAVEEN.H.

M.V.VIPINDAS AMAL DEV D T.T.SHANIBA K.S.SMITHA SRILAXMI SURESH G.HARIHARAN RESPONDENTS:

1 THE KERALA OLYMPIC ASSOCIATION OLYMPIC BHAVAN, MP APPAN ROAD, TC29 3647, VAZHUTHACAUD, THIRUVANANTHAPURAM - 695014 REPRESENTED BY ITS SECRETARY

2 STATE OF KERALA, REPRESENTED BY THE SECRETARY DEPARTMENT OF SPORTS AND YOUTH AFFAIRS, ROOM NO. 395, IST FLOOR, MAIN BLOCK, SECRETARIAT THIRUVANANTHAPURAM- 695001.

BY ADV. THOMAS ABRAHAM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

P.V.KUNHIKRISHNAN, J ------------------------------- W.P.(C)No. 11790 of 2021 --------------------------------

Dated this the 1st day of February, 2022

JUDGMENT

The above writ petition is filed with following prayers:

“(i) Issue a writ of mandamus or any other appropriate writ or order commanding the respondent association to ensure that all sports organisations affiliated by it are registered as per Section 31 of the Kerala Sports act;

(ii) Issue a writ of mandamus or any other appropriate writ or order commanding the 2^nd respondent to take up Exhibit P3 representation and take a decision there on as expeditiously as possible;

(iii) Issue a writ of mandamus or any other appropriate writ or order restraining the 2^nd respondent association from affiliating any sports organisation which is not registered under Section

31 of the Kerala Sports Act;

(iv) To pass such orders or reliefs as this Hon'ble Court deems fit in the interest of justice.”

2. According to the petitioner as per Section 31 of the Kerala Sports Act, all sports organisations have to be registered under the said provisions, failing which, they will be disqualified under Section 43 of the Act. It is contended by the petitioner that Section 31 provides stringent provisions to qualify for registration under the Act as per the amendment brought in to the said provision in the year 2015. It is the further case of the petitioner that, without taking note of the amended provisions, many sports associations in the State have not qualified themselves to get registered under the Act. It is the case of the petitioner that the 1^st respondent is the Kerala Olympic Association which is the official body in the State that selects sports persons from Kerala for selection to the Olympics and such other international events.

Ext.P2 is the list of sports associations that are affiliated to the 1^st respondent. The petitioner is the joint secretary of the Kerala State Rifle Association and is aware of the fact that it is not registered under the Sports Act, still finds affiliation with the 1^st respondent. It is stated by the petitioner that there are many other associations who are not registered under the Sports Act. The grievance of the petitioner is that the 1^st respondent is duty bound to ensure that all its affiliated sports organisations are registered under the Kerala State Sports Act.

Hence this writ petition is filed.

3. Heard the learned counsel for the petitioner, the learned counsel appearing for the 1^st respondent and the learned Government Pleader.

4. The learned counsel for the petitioner reiterated his contentions in the writ petition. On the other hand the learned counsel appearing for the 1^st respondent submitted that the 1^st respondent is not bound by the provisions of the Kerala Sports Act. The counsel submitted that the Sports council has to do the needful and the 1^st respondent is not in a position to give registration to the associations. The counsel also submitted that the prayers in the writ petition may not be allowed and the Sports council and the Government is the proper authority to do the needful in this case.

5. I considered the contentions of