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High Court of KeralaWP(C)/34820/2015disposed of

Kamal Lal K.P. v. Kerala Football Association

2015-11-18Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE WEDNESDAY, THE 18TH DAY OF NOVEMBER 2015/27TH KARTHIKA, 1937 WP(C).No. 34820 of 2015 (B) ---------------------------------------- PETITIONER(S):

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

------------------------- 1.

KERALA FOOTBALL ASSOCIATION, REPRESENTED BY ITS SECRETARY VIP SECTOR-A, 1ST FLOOR, JAWAHARLAL NEHRU STADIUM, KALOOR, KOCHI-682017.

2.

ERNAKULAM DISTRICT FOOTBALL ASSOCIATION, REPRESENTED BY ITS SECRETARY JAWAHARLAL NEHRU STADIUM, KALLOOR, KOCHI-682017.

BY ADV.SRI.PRAVEEN K.JOY, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

PJ

WP(C).No. 34820 of 2015 (B) ---------------------------------------- APPENDIX PETITIONER(S) EXHIBITS ------------------------------------ EXHIBIT P1:

TRUE COPY OF THE NEWS PUBLISHED IN THE MATHRUBOOMI NEWS PAPER DATED 17/11/15 EXHIBIT P2:

TRUE COPY OF THE LETTER DATED 6/11/15 ISSUED BY THE SCHOOL HEADMISTRESS TO THE R2 EXHIBIT P3:

TRUE COPY OF THE PETITION HRMP NO.11185/14 FILED BY THE PETITIONER AND HIS TEAM MATE BEFORE THE KERALA HUMAN RIGHTS COMMISSION DATED 11/11/15 EXHIBIT P4:

TRUE COPY OF THE COUNTER STATEMENT IS FILED BY THE R1 DATED 16/11/15 EXHIBIT P5:

TRUE COPY OF THE FIXTURE PUBLISHED BY THE R2 DATED 9/11/15. RESPONDENTS' EXHIBITS ------------------------------------- NIL.

/ TRUE COPY / P.S. TO JUDGE PJ

A.MUHAMED MUSTAQUE, J.

================== W.P.(C).No. 34820 of 2015 ================== Dated this the 18th day of November, 2015

J U D G M E N T

The petitioner has approached this Court seeking for the following reliefs:

i.

To issue a writ of Mandamus or any other writ, order or direction directing the respondents to permit the petitioner's school team to play in the UN@70 cup tournament conducted by the respondents by declaring that the petitioners team is eligible to participate in the tournament.

ii.

To quash the proceedings as per Exhibit P5 Fixture published by the 2nd respondent.

iii.

To issue any other writ order or direction as this Hon'ble Court may deem fit and proper while considering the writ petition."

2.

The issue is relating to the UN@70 cup tournament. It is to be noted that the tournament is already commenced on 12.11.2015.

3.

In this matter a question of maintainability would also arise. However, leaving open the issue, this Court is of the view, this Court need not interfere at this stage as it would upset the matches already concluded. However, the respondents are free to consider the petitioner's claim in accordance with their discretion.

W.P.(C).No. 34820 of 2015 - : 2 :- With that liberty, the writ petition is disposed of. However, it is made clear that if the respondents conduct the tournament next year, the petitioner shall be invited for the same, if they are otherwise entitled.

sd/- sab A.MUHAMED MUSTAQUE, JUDGE