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Judgment
Gopinath, J:
This writ petition has been filed seeking a direction to the 1st 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 ofÂ
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.â€
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 2nd 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.