Disposed

Dr.a.Mohamed Najeeb v. Kerala Cricket Association

Kerala HC2 Sept 2021WP(C)/10084/2018

Case brief

AI extract

What is this about?

Writ petition challenging Kerala Cricket Association's conduct was disposed of. Petitioner withdrew substantive reliefs and sought liberty to approach Ombudsman. Court noted an existing grievance redressal mechanism and previous rulings declining jurisdiction.

What did the court decide?

Petitioner granted liberty to approach Ombudsman; writ petition disposed of; Advocate Commissioner discharged and records returned to KCA.

Dr.a.Mohamed Najeeb Vs Kerala Cricket… — Constitutional and Fundamental Rights | Kerala HC (2021)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR

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THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

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THURSDAY, THE 2^ND DAY OF SEPTEMBER 2021 / 11TH BHADRA, 1943 WP(C) NO. 10084 OF 2018

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PETITIONER/S:

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DR.A.MOHAMED NAJEEB ASSOCIATE PROFESSOR & HEAD OF PHYSICAL EDUCAOTION NATIONAL INSTITUTE OF TECHNOLOGY CALICUT,(FORMERLY CALICUT REC) CALICUT PRESENTLY RESIDING AT M6/43,KSHB COLONY, MALAPARAMBA, KOZHIKODE-673009 BY ADV SRI.T.J.LAKSHMANAN IYER SRI. K. B. ARUN KUMAR

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RESPONDENT/S:

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1 KERALA CRICKET ASSOCIATION

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KCA COMPLEX, SASTHANKOVI ROAD,THYCAUD P.O., THIRUVANANTHAPURAM 695014, REPRESENTED BY ITS SECRETARY

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2 BOARD OF CONTROL FOR CRICKET IN INDIA BCCI 4TH FLOOR, CRICKET CENTRE WANKHEDE STADIUM,D ROAD CHURCH GATE, MUMBAI-400010 REPRESENTED BY ITS SECRETARY

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3 SERIOUS FRAUD INVESTIGATION OFFICE(SFIO) 2ND FLOOR, DEENDAYAL ANTYODAYA BHAWAN,CGO COMPLEX, LODHI ROAD, NEW DELHI-110003 REPRESENTED BY ITS DIRECTOR

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4 CENTRAL BUREAU OF INVESTIGATION (CBI) PLOT NO.5-B, 6TH FLOOR, CGO COMPLEX, LODHI ROAD,JAWAHARIAL NEHRU STADIUM MARG. NEW DELHI.DELHI110003 REPRESENTED BY ITS DIRECTOR

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5 JAYESH GEORGE HONORARY SECRETARY, KCA RESIDING AT 11E, CORAL CREST,SRM ROAD,KOCHI-682020

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6 RONKLIN JOHN PRESIDENT, KCA RESIDING AT SHEEN HOUSE,KANAKKARI PO KOTTAYAM-686632

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7 SAJAN.K.VARGHESE VICE PRESIDENT. KCA RESIDING AT NEST ENTERPRISES,MARKET ROAD, THIRUVALLA-689101

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8 REJITH RAJENDRAN VICE PRESIDENT. KCA RESIDING AT MADATHIL HOUSE,MADATHIL NADA, THIRUVALLOM PO,TRIVANDRUM. 695116

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9 NAZIR MACHAN VICE PRESIDENT, KCA KRISHNAGIRI STADIUM,KRISHNAGIRI POST, MEENAGADI-673591,WAYANAD,

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10 K.M.ABDUL RAHIMAN VICE PRESIDENT, KCA RESIDING AT KK HOUSE,THERUVATH, TALANGARA PO,KASARAGOD -671122

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11 A ZIABUDEEN HONORARY JOINT SECRETARY, KCA RESIDING AT "PULAVAR MINA'10A MEENA NAGAR KALMANDAPAM,PALAKKAD-678001

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12 O.K.MANOHARAN HONORARY ASSISTANT SECRETARY,KCA RESIDING AT 1/4707'SUMODAM' BILATHIKULAM ROAD,KOZHIKODE-673006

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13 U MANOJ HONORARY ASSISTANT SECRETARY, KCA RESIDING AT AJITH BAVAN'PAZHAVEEDU PO., ALAPPUZHA-688009

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14 SREEJITH V.NAIR HONORARY TREASURER, KCA RESIDING AT CHANDRAMANGALAM,PAZHAVEEDU PO, ALAPPUZHA-680099

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15 B.VINOD FORMER PRESIDIENT KCA RESIDING AT MADATHIPARAMBIL HOUSE,RIVERVIEW ROAD, THODUPUZHA-685584

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16 T.C.MATHEW FORMER PRESIDENT,KCA RESIDING AT THARANIYIL,ARIKUZHA P.O.THODUPUZHA,IDUKKI-685584

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17 S.HARIDAS FORMER VICE PRESIDENT AND SECRETARY KCA,RESIDING AT RAMDAS CLINIC & NURSING HOME,HOSPITAL ROAD, PERINTHALMANNA-22

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18 T.R.BALAKRISHNAN FORMER PRESIDENT, VICE PRESIDENT AND TREASURER KCA RESIDING AT AFTHAB BUILDING, MANIKUNNI,SULTAN BATHERY-673592

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19 T.N.ANANTHANARAYANAN FORMER SECRETARY AND JOINT SECRETARY KCA,RESIDING AT 6/1781, HK DADA BUILDING,PALACE ROAD MATTANCHERRY, ERNAKULAM-682002

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20 SUNIL KOSHY GEORGE FORMER VICE PRESIDENT KCA,RESIDING AT PARAPPALLIL HOUSE,KUTTAPUZHA P.O THIRUVALLA-689103

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21 ADDL. R21. ADV. K. PRAMOD, AGED 44 YEARS

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S/O.K. CHANDRASEKHARAN, NAVANEETHAM, FANTACY NAGAR, VADUKKARA, THRISSUR-680 007.

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ADDL. R21 IS IMPLEADED AS PER ORDER DATED 03/02/2020 IN IA.7324/2018 BY ADVS. K.N.ABHILASH FOR R1, R5, R7-14 SUNIL SHANKER FOR R2 SHRI.P.VIJAYAKUMAR, ASG OF INDIA FOR R3 SRI.RAJIT FOR R21 SRI.E.K.NANDAKUMAR (SR.) FOR R6, R19 PRATAP ABRAHAM VARGHESE FOR R16 SRI.C.ANIL KUMAR SRI.K.N.SIVASANKARAN ASSISTANT SOLICITOR GENERAL SRI. SASTHAMANGALAM S. AJITHKUMAR, SPL.P.P. FOR C.B.I. SRI.M.GOPIKRISHNAN NAMBIAR SMT.C.G.PREETHA, CGC K.A.SANJEETHA SRI.K.JOHN MATHAI PREETHI RAMAKRISHNAN (P-212) SMT.ASHA K.SHENOY SRI.JOSON MANAVALAN SUNIL NAIR PALAKKAT M.A.AHAMMAD SAHEER SRI.KURYAN THOMAS BALU TOM SRI.PAULOSE C. ABRAHAM SRI.P.RAMAKRISHNAN SRI.T.C.KRISHNA SRI.M.RAMESH CHANDER SR. SRI.K.N.SIVASANKARAN

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) No. 10084 of 2018 -4-

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J U D G M E N T

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S. Manikumar, C. J.

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Petitioner, contending inter alia that there are some irregularities

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in the conduct of the Kerala Cricket Association, Thiruvananthapuram, the 1^st respondent, has filed the instant public interest writ petition for the following reliefs:-

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“(i) To issue a Writ of Mandamus or any other appropriate writ direction or order to Respondents 3 and 4 to investigate into the detailed acts of corruption, misappropriations and mismanagement of the 1^st Respondent as disclosed in the present petition and to launch prosecution against the party respondents in accordance with law;

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(ii) To appoint a Panel of Administrators for the 1^st Respondent who shall ensure that all the recommendations of Justice Lodha Committee as approved by the Hon'ble Supreme Court are implemented by the 1^st Respondent and to administer the affairs of the 1^st respondent KCA maintaining proper accounts for the income and expenditure;

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(iii) To issue a Writ of Mandamus or any other appropriate writ direction or order to the panel of Administrators

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W.P.(C) No. 10084 of 2018 -5-

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to forthwith conduct elections to the 1^st Respondent in the light of the guidelines laid down by Justice Lodha Committee as approved by the Hon'ble Supreme Court;

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(iv) To direct the Panel of Administrators to submit status reports to this Hon'ble Court as may be required.”

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Record of proceedings shows that there are several interim orders, however, on this day, when the matter came up for further hearing, Mr. K. N. Abhilash, learned counsel for the Kerala Cricket Association, Thiruvananthapuram, the 1^st respondent, submitted that in the matter of ventilating of the grievances by any person eligible to do, in accordance with law, and the bye laws, an ombudsman has been appointed for providing for an independent dispute redressal mechanism.

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Learned counsel for the KCA further submitted that respondent No. 21 has already approached the Ombudsman, alleging certain disputes. Contention of the learned counsel for the KCA that respondent No. 21 has already approached the Ombudsman, has not been disputed.

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Taking note of the fact that a grievances redressal mechanism

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is in place and provided under the bye-law, a Hon'ble Division Bench

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W.P.(C) No. 10084 of 2018 -6-

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of this Court, by judgment dated 18.05.2021 in W. P. (C) 4842 of 2021, has declined to entertain a writ petition, and gave liberty to the petitioners therein to approach the Ombudsman.

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Mr. T. J. Lakshmanan Iyer, learned counsel for the writ petitioner, submitted that most of the reliefs sought for, have been addressed, and therefore, he is not pressing the reliefs sought for, but prayed for liberty to approach the Ombudsman, to ventilate the grievances.

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Per contra, Mr. Rajit, learned counsel for respondent No. 21, submitted that the writ petitioner has been won over by the KCA, and in the said circumstances, this Court should not allow a public interest

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writ petition to be withdrawn. Referring to certain paragraphs of the counter affidavit, he made an attempt to argue on the merits of the writ petition.

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Be that as it may, issue as to whether there was any understanding between the writ petitioner and KCA is a matter of evidence. Trite law, that a writ court is empowered to enter into disputed queries of fact, there is no need to burden this judgment on the said issue. When the writ petitioner himself is not pressing the

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W.P.(C) No. 10084 of 2018 -7-

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reliefs sought for, we are not inclined to retain the writ petition, to adjudicate any alleged dispute, which could be raised before the Ombudsman.

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Placing on record the submission of the learned counsel for

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the writ petitioner, writ petition is disposed of.

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If law permits the writ petitioner to approach the Ombudsman, it is for him to choose and accordingly act. Question of law and facts raised by the parties before this Court are left open. It is also made clear that if the writ petitioner chooses to approach the Ombudsman, respondent No. 21 may also join the lis, if required, and permitted.

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In the light of disposal of the writ petition, Mr. N. K. Subrahmaniyan, learned Advocate Commissioner, is discharged. He is directed to hand over the entire records and the documents to KCA, within a week from the date of receipt of a copy of this judgment. Learned Advocate Commissioner is directed to return the warrant, to the Registry, appointing him as Advocate Commissioner.

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In the light of the submission of the learned counsel for KCA,

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W.P.(C) No. 10084 of 2018 -8-

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there is no need to any directions as regards remuneration already received.

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Accordingly, writ petition is disposed of.

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Sd/-

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S. MANIKUMAR CHIEF JUSTICE

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Sd/-

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SHAJI P. CHALY JUDGE

///TRUE COPY///

P. A. TO JUDGE

W.P.(C) No. 10084 of 2018 -9-

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APPENDIX OF WP(C) 10084/2018

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PETITIONER EXHIBITS

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EXHIBIT P1:	TRUE COPY OF REPORT OF SUPREME COURT COMMITTEE ON REFERMS IN CRICKET (JUSTICE LODHA COMMITTEE REPORT) DATED 18.12.2015
EXHIBIT P2:	TRUE COPY OF THE AUDITORS REPORT FOR THE YEAR 2011-12 DATED 21-06-2012 OF KCA
EXHIBIT P3:	TRUE COPY OF AUDITORS REPORTS FOR THE YEAR 2012-13 DATED 07.06.2013 OF KCA
EXHIBIT P4:	TRUE COPY OF THE AUTITORS REPORT FOR THE YEAR 2013-14 DATED 10.06.2014 OF KCA
EXHIBIT P5:	TRUE COPY OF THE AUDITORS REPORT FOR THE YEAR 2014-15 DATED 29.06.2015 OF KCA
EXHIBIT P6:	TRUE COPY OF THE AUDITORS REPORT FOR THE YEAR 2015-16 DATED 22.06.2016 OF KCA
EXHIBIT P7:	TRUE COPY OF THE INCOME AND EXPENDITURE ACCOUNT OF THE PROJECT OFFICE, COCHIN FOR THE YEAR ENDING 31.03.2014 DATED 07.06.2014
EXHIBIT P8:	TRUE COPY OF THE INCOME AND EXPENDITURE ACCOUNT OF THE PROJECT OFFICE, COCHIN FOR THE YEAR ENDING 31.03.2015 DATED NIL
EXHIBIT P9;	TRUE COPY OF INCOME AND EXPEDITURE ACCOUNT OF THE PROJECT OFFICE, COCHIN FOR THE YEAR ENDING 31.03.2016 DATED 30.06.2016
EXHIBIT P10:	TRUE COPY OF THE INCOME AND EXPENDITURE ACCOUNT OF THE PROJECT OFFICE, COCHIN FOR THE YEAR ENDING 31.03.2017 DATED 30.06.2017
EXHIBIT P11:	TRUE COPY OF THE LETTER DATED 27.09.2017 ISSUED BY THE SECRETARY OF THE 1ST RESPONDENT
EXHIBIT P12:	TRUE COPY OF THE PHOTOGRAPH TAKEN ON 26.11.2017
EXHIBIT P13:	TRUE COPY OF THE NOTICE DATED 07.3.2018 ISSUED BY THE SECRETARY OF THE 1ST RESPONDENT

Dr.a.Mohamed Najeeb v. Kerala Cricket Association

Case brief

What is this about?

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Dr.a.Mohamed Najeeb v. Kerala Cricket Association

Case brief

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