Sharath Eldo Philip vs The Kerala State Sports Council
2023 Latest Caselaw 13409 Ker

Kerala High Court

Sharath Eldo Philip vs The Kerala State Sports Council on 21 December, 2023

Author: Devan Ramachandran

Bench: Devan Ramachandran

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
 THURSDAY, THE 21ST DAY OF DECEMBER 2023 / 30TH AGRAHAYANA,
                            1945
                   WP(C) NO. 40222 OF 2023
PETITIONERS:

    1     SHARATH ELDO PHILIP
          AGED 33 YEARS, PRESIDENT BUSHIDO
          COMBAT CLUB, REG NO. KTM/TC 182/2022
          MOOLAYIL, CHEERAMCHIRA PO
          CHANGANACHERRY, PIN - 686196
    2     ANUP S KURUP
          AGED 33 YEARS, PRESIDENT BUSHIDO
          KARATE CLUB, REG NO. KTM/TC 202/2022
          KAITHARATHU, MALAKUNNAM PO
          CHANGANACHERRY, PIN - 686532
    3     P V ABRAHAM
          AGED 74 YEARS, PRESIDENT ATTACHIRA
          FITNESS ACADEMY, REG NO. KTM/TC 203/2022
          MUNDACKAL PLAZA, OUT POST JUNCTION
          KURICHY, CHANGANACHERRY, PIN - 686532
    4     SAJIMON JOSEPH
          AGED 52 YEARS, PRESIDENT, SARGA KALA
          KSHETHRA, REG NO. KTM/TC 201/2022
          MANANTHIKARY, TV PURAM PO VAIKOM,
          KOTTAYAM, PIN - 686606
          BY ADVS.
          ANANTHAKRISHNAN A. KARTHA
          ANIL D.KARTHA
          SURESH G.
          SREEKUMAR G.
          ANANTHASANKAR A. KARTHA

RESPONDENTS:

    1     THE KERALA STATE SPORTS COUNCIL
          YMCA ROAD, STATUE JUNCTION PALAYAM,
          THIRUVANANTHAPURAM, PIN - 695001
          REPRESENTED BY ITS PRESIDENT
    2     THE KOTTAYAM DISTRICT SPORTS COUNCIL
          INDOOR STADIUM, KOTTAYAM,PIN - 686001
          REPRESENTED BY ITS PRESIDENT
    3     THE KERALA KARATE ASSOCIATION
          REPRESENTED BY ITS SECRETARY
 W.P.(C).No. 40222 of 2023
                                           :2:


               KRISHNA BUILDING, ELANJIPARA
               THRISSUR, PIN - 680721
      4        THE REFEREE COMMISSION
               REPRESENTED BY ITS CHAIRMAN
               THE KERALA KARATE ASSOCIATION
               KRISHNA BUILDING, ELANJIPARA
               THRISSUR,, PIN - 680721
      5        THE SPORTS KARATE ASSOCIATION KOTTAYAM
               REPRESENTED BY ITS SECRETARY
               OFF. VI/397 K, MANJOOR POST,
               KOTTAYAM, PIN - 686603
               BY ADVS.
               P.JINISH PAUL
               SNEHA V.(K/3319/2022)
               LATHA ANAND



       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   21.12.2023,            THE   COURT   ON     THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P.(C).No. 40222 of 2023
                                   :3:




                              JUDGMENT

The petitioners are stated to be Presidents of certain Sports

Clubs, registered with the Kerala Sports Council. They say that even

though they had sponsored various players to the District Karate

Championship, they were not allowed to participate for the specious

reason that they did not pay a non existant entry fee. They assert that

the attempt of the respondents was to exclude worthy players, and to

choose candidates of their choice for the State Meet - which is

scheduled on 27.12.2023. They, therefore, seek a direction to the 1 st

and 2nd respondents Sports Councils to conduct a District Selection

again, including the players earlier sponsored by them; and thus

allow them to participate as per their eligibility in the State Meet.

2. Sri.P.Jinish Paul - learned counsel appearing for respondent

Nos.3 and 5, affirmed that the list sponsored by the petitioners were

not accepted by his clients, because they did not pay the entry fee.

He tried to point out that the requirement of paying an amount of

Rs.500/- per head, was a pre-condition for any candidate being

allowed to participate in the District Championship and asserted this

is clear from Ext.P2. He added that the petitioners were fully aware

of it because, they have conducted championship in the past and had

then charged such entry fee also. He, however, conceded to a pointed

question from this Court, that there is no document on record which

could establish that any such entry fee had been mandated; but

argued that this is unnecessary because, everyone knew this as a

"traditional payment".

3. I am afraid that this Court cannot find favour with the afore

submissions of Sri.P.Jinish Paul because, even going by Ext.P2, it only

says that if the players remit a specified amount before 20.11.2023,

they would be given lunch, tea and snacks. This does not mean that

an entry fee was stipulated; and, as I have already said above, none of

the other documents would even peripherally indicate this. It is thus

obvious that, 3rd and 5th respondents were insisting on a non-specified

entry fee, which had not been stipulated in any of the relevant or

germane documents.

4. Presumably being aware of the mind of this Court as afore,

Sri.P.Jinish Paul, offered that if this Court is not inclined to accept his

clients' explanation, then the 3 rd respondent is willing to conduct a

qualifying competition under the aegis of the 5 th respondent -

Association, involving the candidates sponsored by the petitioners

and who were not allowed to participate earlier. He submitted that

the 1st place holder in such competitions will then be allowed to

participate in the State Meet, which is scheduled on 27.12.2023.

5. Though, initially, Sri.Ananthakrishnan A.Kartha - learned

counsel for the petitioners, did not fully subscribe to the afore

suggestion, he thereafter conceded, being aware that there is no

other option available to his clients, or the players sponsored by

them, because the State Meet is just a few days away.

6. Smt.Latha Anand - learned Standing Counsel for the 1 st and

2nd respondents - Sports Council, also agreed to the afore suggestion

of Sri.P.Jinish Paul, and added that this is the best available to the

petitioners and their sponsored candidates.

7. When I evaluate and consider the afore rival submissions,

though this Court would have been inclined to grant relief to the

petitioners, had there been some more time before the State Meet, it

is now virtually impossible because it is scheduled as near as on

27.12.2023. I am also aware of the further submissions of Sri.P.Jinish

Paul that, all requirements and preparations for the State Meet have

been completed and that the players selected are in training; and

hence that if any further orders are to be issued by this Court,

including for the conduct of a fresh selection, it would clearly upset

the whole event.

In the afore circumstances, and since it is without opposition

even from the petitioners, I allow this writ petition with the following

directions:

(a) The 3rd respondent will immediately ensure that the

5th respondent conducts a competition from among the

players earlier sponsored by the petitioners; and

complete it within a period of two days from the date of

receipt of a copy of this judgment.

(b) For the afore purpose, the petitioners will, within a

period of 24 hours from now, make available their

respective lists to the 3rd or 5th respondent - as the case

may be, along with an entry fee of Rs.500/- per head; and

I record that this has been agreed to by the petitioners.

(c) On the afore competitions being held, the 1 st place

winner in each of the categories will be allowed to

participate in the State Meet scheduled on 27.12.2023.

Sd/-

DEVAN RAMACHANDRAN JUDGE MC/anm

APPENDIX OF WP(C) 40222/2023

PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE PAPER PUBLICATION IN THE MATHRUBHOOMI DAILY PUBLISHED ON 08- 11-2023 Exhibit P2 A TRUE COPY OF THE GUIDELINES AND PLAYERS REGISTRATION FORM ISSUED BY THE 5TH RESPONDENT Exhibit P3 A TRUE COPY OF THE LIST OF THE STUDENTS FORWARDED BY THE 1ST PETITIONER Exhibit P4 A TRUE COPY OF THE LIST OF THE STUDENTS FORWARDED BY THE 2ND PETITIONER Exhibit P5 A TRUE COPY OF THE LIST OF THE STUDENTS FORWARDED BY THE 3RD PETITIONER Exhibit P6 A TRUE COPY OF THE LIST OF THE STUDENTS FORWARDED BY THE 4TH PETITIONER Exhibit P7 A TRUE COPY OF THE SCREEN SHOT OF THE WHATSAPP MESSAGE SENT BY BINEESH TO THE PETITIONERS ON 24-11-2023 Exhibit P8 A TRUE COPY OF THE REPRESENTATION DATED 28-11-2023 Exhibit P9 A TRUE COPY OF THE LETTER ISSUED BY THE 2ND RESPONDENT SHOWING THE LIST OF REGISTERED SPORTS CLUBS IN THE DISTRICT OF KOTTAYAM DATED 06-03-2023 RESPONDENT EXHIBITS Exhibit R5(a) TRUE COPY OF THE AFFILIATION CERTIFICATE DATED 01.07.2023 ISSUED BY THE 3RD RESPONDENT Exhibit R5(b) TRUE COPY OF THE RECEIPT OF PAYMENT DATED 13.11.2022 FROM THE 1ST PETITIONER Exhibit R5(c) TRUE COPY OF THE RECEIPT ISSUED BY THE 2ND PETITIONER BEING THE TREASURER OF KOTTAYAM DISTRICT SPORTS KARATE -DO ASSOCIATION DATED 25-11-2017.