No Club Has Right To Conduct Pamba Boat Race, Schedule To Be Decided By Competent Authorities: Kerala High Court

The Kerala High Court has held that no club has constitutional or statutory right to conduct race in the Pamba river and the schedule for the same shall be decided by the authorities, including the District Collector.

The Court was considering an Appeal against order of single-judge whereby it allowed Pamba Boat Race Club to conduct the race.

The Division Bench of Justice Devan Ramachandran and Justice MB Snehalatha observed, "This is more so when it is without contest – as is acceded to by the learned Counsel on both sides – that none of the parties obtain any constitutional or statutory right to conduct the Boat Race; and that schedules for it are left to be decided by the competent authorities, including the District Collector, as per law."

The Appellant was represented by Advocate Joseph George, while the Respondent was represented by Senior Government Pleader Liju V Stephen.

Counsel for the Appellant-Club pointed out that through its order, the District Collector permitted his clients to conduct the Boat Race on September 12, 2025 and the Respondent-Club to conduct theirs on September 19, 2025, after adverting to all relevant aspects; but that, without any cogent reason, the Single Judge modified that schedule.

He argued that the reason cited in the impugned order, that there was a concession offered by him, as also by the learned Government Pleader, that the Respondent-Club had been earlier conducting the Boat Race on the Onam days, thus to be allowed to do so on September 12, 2025 – which he pointed out was not an Onam day – was factually incorrect.

On the other hand, Counsel for the Respondent-Club argued that the Appellant-Club is an “Imposter Club” without any authority to conduct any Boat Race; but that, even assuming it is otherwise, then, when the District Collector modified the schedules as originally sought for by the two Clubs, his client ought to have been given priority, thus allowing them to conduct it on September 12, 2025 and consequently permitting the appellants to do so only on September 19, 2025.

Senior Government Pleader, however, argued that neither of the parties obtained any right to seek that they be allowed to conduct the Boat Race, much less on a particular day; and therefore, that it is taking into account all logistical and security parameters that the District Collector passed the said order.

The Court pointed out that the sole reason as to why the Single Judge passed the impugned order it is that an assertion was made by the Counsel for the Petitioners - which were confirmed by the Government Pleader - that the Petitioner- Association was conducting the Boat Race continuously during Onam season.

"The order, however, does not disclose that this was, in any manner, admitted to by the appellants herein; and we, therefore, fail to fathom how, on the basis of such assertions, Ext.P16 could have been modified", the Court noted.

The Court was not impressed with the argument of Senior Government Pleader that, since his client had applied for a date prior to the one originally applied for by the Appellants, they are entitled to conduct it on the next schedule on an earlier date.

The Appeal was accordingly allowed.

Cause Title: Pamba Boat Race Club Reg No. 98/90 and Anr. v. Pamba Boat Race Club and Ors. (2025:KER:66948)

Appearances:

Petitioner- Advocate Joseph George, Advocate P.A. Rejimon, Advocate Vivekjos Puthukulangara

Respondent- Senior Government Pleader Liju V Stephen

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