Kerala High Court
Itty Cheriyan vs The Hon'Ble Ombudsman on 16 June, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
WEDNESDAY, THE 16TH DAY OF JUNE 2021 / 26TH JYAISHTA, 1943
WP(C) NO. 12056 OF 2021
PETITIONER:
ITTY CHERIYAN
AGED 50 YEARS, S/O.T.I.CHERIYAN, 403, WOODLAND
APARTMENTS, JAGATHY, POOJAPURA ROAD, JAGATHY P.O.,
THIRUVANANTHAPURAM 695 014
BY ADVS.
C.DHEERAJ RAJAN
K.ANAND (A-1921)
RESPONDENTS:
1 THE HON'BLE OMBUDSMAN
KERALA CRICKET ASSOCIATION, STADIUM ROAD,
JAWAHAR LAL NEHRU INTERNATIONAL STADIUM, KALOOR,
ERNAKULAM 682 017.
2 THE KERALA CRICKET ASSOCIATION
KCA COMPLEX, SASTHAMKOVIL ROAD, THYCAUD P.O.,
THIRUVANANTHAPURAM DISTRICT 695 014,
REP. BY ITS SECRETARY.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.06.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP (C) No.12056/2021 -2-
JUDGMENT
Gopinath, J:
This writ petition has been filed seeking a direction to the 1 st respondent
to consider and pass orders on Ext.P1 complaint stated to have been filed before
the 1st respondent within a time limit to be fixed by this court. On a pointed
query by the court as to whether the writ petition would be maintainable in the
matter, the learned counsel for the petitioner has pointed out that the Supreme
Court in Board of Control for Cricket in India v. Cricket Association
of Bihar and others (2015) 3 SCC 251 held that that Board of Control for
Cricket in India discharges public functions and though it is not 'State' within
the meaning of Article 12, it is amenable to writ jurisdiction. The Kerala Cricket
Association is a member of the Board of Control for Cricket in India and
exercises substantial control over the game of cricket within the State of Kerala.
The 1st respondent, the Ombudsman for the Kerala Cricket Association is
appointed under Chapter IX of Ext.P3 bye-laws of the Kerala Cricket
Association. The Clause 40 (1) of Chapter IX of Ext.P3 bye-laws reads as
follows:
"The KCA shall appoint an Ombudsman at the Annual General
Meeting for the purpose of providing an independent dispute
resolution mechanism. The Ombudsman shall be a retired Judge of
the Supreme Court or a retired Judge of a High Court so appointed
by the KCA after obtaining his/her consent and on terms as
determined by the KCA in keeping with the dignity and stature of
the office. The term of the Ombudsman shall be one year, subject to
a maximum of 3 terms in office."
2. It is noticed from the record that Ext.P1 was a complaint filed by the
petitioner directly before the Ombudsman. The petitioner shall file two copies of
Ext.P1 complaint before the 2nd respondent. On receipt of the same the 2nd
respondent shall refer the matter to the 1st respondent, the Ombudsman, for
adjudication. This shall be done within a period of 3 weeks from the date of
receipt of a copy of this judgment. Upon receipt of the reference from the 2 nd
respondent the Ombudsman shall endeavour to adjudicate Ext.P1 complaint in
accordance with law within a period of 6 months thereafter.
The writ petition will stand disposed of as above. I make it clear that I
have not expressed any opinion on the merits of Ext.P1 complaint.
Sd/-
GOPINATH P.
JUDGE
AMG
/true copy/
ASSISTANT REGISTRAR
APPENDIX OF WP(C) 12056/2021
PETITIONER ANNEXURE
Exhibit P1 A TRUE COPY OF THE COMPLAINT FILED BY THE
PETITIONER.
Exhibit P2 THE TRUE COPY OF THE DOCUMENT SHOWING THE SENDING
OF EXT P1 TO THE 1ST RESPONDENT VIA EMAIL DATED
18.1.2021.
Exhibit P3 THE TRUE COPY OF THE BYE LAW IMPLEMENTED BY THE
2ND RESPONDENT.
Exhibit P4 THE TRUE COPY OF THE REMINDERS SEND BY THE
PETITIONER TO THE 1ST RESPONDENT.
