Kerala Football Association A Private Organization, Not Amenable To Writ Jurisdiction: High Court Dismisses Plea Assailing ₹25K Entry Fee For State Tournament
The Kerala High Court on Wednesday held that a writ petition is not maintainable against the Kerala Football Association since it was a private organisation and was not discharging public functions. Justice P.V. Kunhikrishnan held so in a petition challenging a circular issued by the Association mandating a deposit of Rs. 25,000/- with tax as eligibility criteria to participate in the...
The Kerala High Court on Wednesday held that a writ petition is not maintainable against the Kerala Football Association since it was a private organisation and was not discharging public functions.
Justice P.V. Kunhikrishnan held so in a petition challenging a circular issued by the Association mandating a deposit of Rs. 25,000/- with tax as eligibility criteria to participate in the State Championship League.
The Kerala Football Association holds the Kerala Premier League, and as per the recent circular, an entry fee was imposed on the willing participants from this year onwards, unlike in the previous years.
According to the petitioners, no associations in other States were collecting money from any football clubs for participating in the State League Tournament for qualification to the 2nd division of the league.
The impugned circular further offers a new entry called Corporate Entry to the tournament, which permits any team to play in the league directly if they are ready to deposit Rs. 7.5 lakhs. The petitioners contend that the Association started the Corporate Entry only to bring in teams of their choice.
Aggrieved by the circular, they moved the Court alleging that it does injustice to football lovers in the State.
Advocates Jamsheed Hafiz and K.K.Nesna appearing for the petitioners argued that this was unjust, illegal and arbitrary because many clubs in the State could not join the tournament owing to lack of money, particularly due to the financial crunch caused by the ongoing pandemic.
They argued that the Kerala Football Association cannot be a money-making institution instead of promoting football.
However, Advocate Praveen K. Joy representing the Association argued that it is a private organisation, not covered within the purview of the definition of "State" under Article 12 of the Constitution of India and hence, no writ petition would lie against them.
It was argued that the Kerala Premier League is only a private tournament organised by the Kerala Football Association as a qualifying tournament for the national level league organised by the All India Football Federation.
Further, it was asserted that the Corporate Entry fee was collected only to meet the expenses for conducting the KPL.
Advocates Jikku Seban George, Deepti Susan George, T.A.Joy, E.S.Saneej, M.P.Unnikrishnan, M.K.Samyuktha, N.Abhilash, Sandra S.Kumar and Deepu Rajagopal, Standing Counsel Latha Anand and Government Pleader Joby Joseph also appeared for the respondents in the matter.
Since the Association raised the question of maintainability, the Court looked into this issue before going to the merits of the case.
The petitioners relied on Zee Telefilms Ltd. & Anr v. Union of India & Ors [(2005) 4 SCC 649] where it was held that one can seek remedy by way of a writ under Article 226 of the Constitution against Board of Cricket Control in India (BCCI) even though it is an autonomous body.
However, the Judge noted that in the said case, the Supreme Court concluded so only because BCCI was discharging duties akin to public duties or state functions, like the selection of an Indian Cricket Team, controlling the activities of the players and others involved in the game of Cricket.
But that was not the case in this petition since the Kerala Football Association is in effect a private club, conducting private tournaments. Therefore, the said decision had no application to the facts of this case.
As such, the writ petition was dismissed as not maintainable without expressing any pinion on the merits of the case. The petitioners were however granted the liberty to seek their remedies before the appropriate forum in accordance with law.
Case Title: P.P. Thobiyas & Ors v. State of Kerala & Ors.
Citation: 2022 LiveLaw (Ker) 98