Kerala High Court Sets Aside 2015 Judgment That Quashed Vigilance Case Against Office Bearers Of Kerala Cricket Association

The Kerala High Court on Friday (October 31) allowed the writ appeals preferred challenging a 2015 decision of the Single Bench, which had held that Kerala Cricket Association (KCA) is not a public office and therefore, vigilance cases cannot be preferred against its office bearers. 

The Division Bench comprising Dr. Justice A.K. Jayasankaran Nambiar and Justice Jobin Sebastian pronounced in open court:

"Allowed the writ appeals by setting aside the impugned judgment of the learned Single Judge and dismissing the writ petitions as devoid of merits."

The Single Bench had quashed the vigilance cases registered against KCA office-bearers, including its President T.C. Mathew, after finding that the KCA, an affiliate of the BCCI, is not a public office.

In 2013, private complaints were filed against the KCA's decision to purchase land for constructing a stadium of international standards in Edakkochi and Thodupuzha, alleging that there was corruption in the purchase of the land. Thereafter, as per the direction of the Vigilance Court, FIR was registered in 2013 against the office bearers of the KCA.

Writ petitions were filed by T.C. Mathew and other office-bearers of KCA against the Vigilance Court's order. Upholding the claims of the KCA office bearers, the Single Bench had opined that mere purchase of land for the construction of a stadium cannot be said to have a public element. The Single Judge had stated that public element could arise only after the completion of the construction of the stadium, and not before.

Stating that the complaint was not maintainable, the Single Bench had quashed the entire proceedings initiated against KCA by the state vigilance and anti-corruption department. However, it had also made it clear that if the act of the petitioner constitutes an offence under any law, the judgement would not be a bar for proceeding against them.

Case No: WA 1921/2015 and connected cases

Case Title: Harish V. v. T.C. Mathew and connected cases

Citation: 2025 LiveLaw (Ker) 696 

Counsel for the appellants: S. Sreekumar (Sr.), P. Martin Jose, P. Prijith, Thomas P. Kuruvilla, John K. George, T.T. Muhamood, A. Renjit, Gokul R. Nair, Ansalam N.X., P. Sujith Kumar, A. Rajesh – Special Government Pleader (Vigilance), S. Rekha - Senior Government Pleader

Counsel for the respondents: K. Jayakumar (Sr.), K.N. Abhilash, Gilbert George Correya, Nishil P.S., M. Revikrishnan, Sojan Micheal, Sunil Nair Palakkat, O.M. Shalina - Deputy Solicitor General of India, C. Dinesh - Central Government Counsel, M.A. Ahammad Saheer, M. Ramesh Chander (Sr.), K. Aasha, Babu Thomas (Pazhayathottathil), N.K. Sheeba, T.B. Hood, M. Isha, Navaneeth D. Pai, Abraham George Jacob

Click to Read/Download Judgment