Kamal Lal K.P v. Kerala Football Association

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE FRIDAY, THE 20TH DAY OF NOVEMBER 2015/29TH KARTHIKA, 1937 WA.No. 2522 of 2015 () ------------------------------- WP(C) 34820/2015 of THIS HON'BLE COURT -------------- APPELLANT/PETITIONER :

------------------------------------- KAMAL LAL K.P., AGED 14 YEARS, S/O. SUNIL K.P., PADINJARE VATTAKANDI, PALLIKANDI, PUTHIYANGAD P.O., CALICUT - 673021. THE APPELLANBT IS REPRESENTED BY HIS LOCAL GUARDIAN SOORAJ A.A., AGED 28 YEARS, S/O. AYYAPPAN, AMMOLICKAL (H), NORTH PIRAMADAM P.O., EAST OORAMANA, ERNAKULAM - 637 BY ADV. SRI.ELDHOSE ELIAS RESPONDENT/RESPONDENT :

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1. KERALA FOOTBALL ASSOCIATION, REPRESENTED BY IS SECRETARY, VIP SECTOR - A,, 1ST FLOOR JAWAHARLAL NEHRU STADIUM, KALOOR KOCHI - 17.

2. ERNAKULAM DISTRICT FOOTBALL ASSOCIATION REPRESENTED BY ITS SECRETARY, JWAHARLAL NEHRU STADIUM, KALOOR, KOCHI - 17.

BY SRI.PRAVEEN K. JOY THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 20-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

bp

ASHOK BHUSHAN, C.J.

& A.M. SHAFFIQUE, J.

================ W.A. No. 2522 of 2015 ================== Dated this, the 20th day of November, 2015

J U D G M E N T

Ashok Bhushan, C.J.

This writ appeal has been filed against judgment dated 18th November, 2015 by which WP(C) No.34820/2015 has been dismissed. The appellant claiming to be the member of a team of St.John's Higher Secondary School, Kothamangalam has filed the writ petition praying for a direction to permit the petitioner's school team to play in UN@70 CUP tournament conducted by the respondents by declaring that the petitioner's team is eligible to participate in the tournament. Writ petition has been disposed of by the learned Single Judge observing that Court need not interfere at this stage as it would upset the matches already concluded. However, it was observed that respondents are free to consider the petitioner's claim in accordance with their discretion. 2.

Learned counsel appearing for the 1st respondent has submitted that firstly the writ petition was not maintainable and

W.A No.2522/15 -:2:- further as per the details of the tournament at page 36, games upto to semi final is already over and 16 teams were selected. At this stage, no participation can be allowed.

3.

We have considered the submission of the learned counsel for the appellant and perused the records. 4.

A perusal of details of the team at page 36 indicates that learned Single Judge was right in his conclusion that at this stage, participation cannot be allowed, which shall upset the matches already concluded. Learned counsel for the appellant submits that appellant was denied the opportunity to participate. We are of the view that it was for the appellant to take appropriate steps for ensuring his participation. Instead of approaching the 1st respondent at the relevant time, he filed a complaint before the Kerala Human Rights Commission. We are of the view that at this stage, no relief can be granted to the appellant. Writ appeal is dismissed.

Sd/- ASHOK BHUSHAN, CHIEF JUSTICE Sd/- A.M. SHAFFIQUE, JUDGE Rp 20/11/2015