Ashok Bhushan, Ag.C.J.
Heard learned counsel for the appellant, learned Government Pleader as well as learned counsel appearing for respondent Nos. 2 and 5.
2. This appeal is filed against the judgment dated 26.11.2014 passed in W.P.(C) No.30532 of 2014. The writ petition was disposed of by learned Single Judge against which order the petitioner has come up with this appeal. Along with W.P.(C) No.30532 of 2014, W.P.(C) No.29906 of 2014 filed by 5th respondent was also considered by the learned Single Judge. The appellant herein as made following reliefs in W.P.
(C) No.30532 of 2014:
“(i) issue a writ of certiorari or such other writ, direction or order quashing Exhibit P13 as arbitrary, illegal, without authority, competence or jurisdiction.
(ii) issue a writ of mandamus or such other writ, direction or order compelling the respondents 2 to 4 to nominate a member of the Kerala State Sports Council as Observer on the request of the petitioner in Exhibit P11 for the conduct of Kerala State Hockey Championships 2014-15 and for selection of State Teams to participate in the National events;
(iii) declare that “Hockey Kerala” is the only State Organisation recognised by the Kerala State Sports Council and competent to register the names of players in the discipline of Hockey to participate in the District, State and National Championships as provided under Rule 56(1)(g) of the Kerala Sports Rules, 2008.”
3. Ext.P13 was challenged in the first prayer. It was only a receipt issued by the Kerala State Sports Council, by which affiliation fee was accepted. Learned Single Judge has made the following observation in paragraph 4 of the impugned judgment :
“However the State Championship has already been hosted by the Kerala Hockey. Hockey Kerala is proposed to hold championship from 27.11.2014 onwards. Kerala Hockey admittedly formed in the year 2014. They are entitled for registration only after one year. The holding of the championship seems to be for the purpose of National games and for other national events. I am of the view that this is not the issue in this writ petition. The sanctity of the championship hosted by the Kerala Hockey or Hockey Kerala has to be decided by appropriate authorities like Indian Olympic Association or other National Federation. Therefore, that question is left open. Hockey Kerala is proposed to hold a championship from 27.11.2014 onwards. They insist that Sports Council shall send an observer to the sports event. I am of the view that the Observer shall be deputed by the Sports Council. However sanctity of championship being hosted by the Hockey Kerala and the recognition by the Sports Council will depend upon the decision of the Sports Council as to the withdrawal of registration. Therefore, Hockey Kerala shall intimate all the participants of State Championship about the pending proceedings relating to the withdrawal of registration. The participants shall not claim any equity from the Sports Council in the event Sports Council takes a decision that registration granted to Hockey Kerala is liable to be withdrawn.”
4. The court had noted that both the writ petitioner and 5th respondent were entitled for registration only after one year. The writ petitioner was registered earlier. But the case of 5th respondent is that the writ petitioner has already been disaffiliated from the National Federation. A notice has been issued to the writ petitioner for cancelling his registration by the Sports Council. The learned Single Judge has observed that Hockey Kerala i.e. the petitioner, shall communicate about the pending proceedings of withdrawal of registration and participants shall not claim any equity from the Sports Council in the event Sports Council takes a decision that registration granted to Hockey Kerala is liable to be withdrawn.
5. Learned Standing Counsel for the Sports Council submits that Sports Council is proceeding to take a decision regarding registration of the petitioner and in pursuance of the same, notice was issued to the petitioner in which 17th is the last date fixed.
The judgment of the learned Single Judge disposing the writ petition, according to us, does not cause any prejudice to the rights of any of the parties. A decision is yet to be taken by the Sports Council regarding the registration of the appellant. It shall be open for any of the aggrieved parties to take appropriate measures against the outcome of the decision to be taken by the Sports Council. We do not find any good reason to exercise the appellate jurisdiction. Subject to the observations made as above, the Writ Appeal is dismissed.
Ashok Bhushan, Acting Chief Justice.
ttb/12/12 A.M. Shaffique, Judge.