IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
FRIDAY, THE 24TH DAY OF JUNE 2022 / 3RD ASHADHA, 1944
WP(C) NO. 41214 OF 2017
PETITIONER/S:
PRAJEEV.D
AGED 57 YEARS
AGED 57, S/O DIVAKARA PANICKER, NN-159, T.C.5/515
(2),PLAVILAKATHU VEEDU, PEROORKADA P.O.,
THIRUVANANTHAPURAM.
BY ADV SRI.SHAJIN S.HAMEED
RESPONDENT/S:
1 THE STATION HOUSE OFFICER
PEROORKADA POLICE STATION,
THIRUVANANTHAPRUAMDISTRICT, PIN:695005.
2 N.RAVEENDRA NATH
PRINCIPAL, KERALA TUTORIAL COLLEGE, INDIRA NAGAR
ROAD, PEROORKADA P.O.,
THIRUVANANTHAPURAMPIN:695005.
3 KERALA LOK AYUKTA
REPRESENTED BY ITS REGISTRAR, LEGISLATURE
COMPLEX, VIKAS BHAVAN P.O., THIRUVANANTHAPURAM,
PIN:695033
SRI. V. TEK CHAND, SR. GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 24.06.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W. P. (C) No. 41214 of 2017
-2-
JUDGMENT
S. Manikumar, C. J.
Being aggrieved by the order of the Upa Lok Ayukta in complaint No. 1387 of 2017 dated 14.12.2017, instant writ petition is filed.
2. Short facts leading to the filing of the writ petition are as hereunder:-
a) According to the petitioner, Mr. N. Raveendra Nath, the 2 nd respondent, filed Ext. P2 complaint before the Upa Lok Ayukta, alleging that the petitioner herein has dumped building waste materials into his property, and based on the complaint filed by him, the petitioner was summoned to the police station, where the petitioner has undertaken to remove the waste by endorsing in the petition register. The 2nd respondent further alleged maladministration against the Station House Officer, the 1st respondent, and seeking a relief to issue an order directing the 1st respondent to initiate legal proceedings against the petitioner herein and to implement the endorsement made in the petition register.
W. P. (C) No. 41214 of 2017 -3-
b) Petitioner has submitted that he received Ext. P3 notice on 12.12.2017. On 13.12.2017, the petitioner was represented before the Upa Lok Ayukta by his counsel. However, the Upa Lok Ayukta insisted the appearance of the petitioner and posted the case to next day. On 14.12.2017, the petitioner and his counsel were present. The Upa Lok Ayukta, without conducting any investigation and providing a reasonable opportunity of hearing, passed Ext. P4 order.
c) Petitioner has contended that Ext.P2 complaint is not maintainable before the Lok Ayukta, since the same will not come within the purview of Section 7 of The Kerala Lok Ayukta Act, 1999. Further, Ext.P4 order is passed without conducting any investigation, which is against Section 12 (1) of the Act.
3. Being aggrieved, instant writ petition is filed.
4. Record of proceedings shows that when the matter came up for admission on 20.12.2017, by ordering notice, a Hon'ble Division Bench of this Court stayed the order impugned.
5. On this day, when the matter came up for hearing, on instructions, Mr. Shajin S. Hameed, learned counsel for the writ W. P. (C) No. 41214 of 2017 -4- petitioner, submitted that subsequently, dispute between the appellant and the 2nd respondent, has been amicably settled, and nothing survives in the writ petition for consideration.
Placing on record the submission of the learned counsel for the petitioner, instant writ petition is closed.
Sd/-
S. MANIKUMAR CHIEF JUSTICE Sd/-
SHAJI P. CHALY JUDGE Eb ///TRUE COPY/// P. A. TO JUDGE W. P. (C) No. 41214 of 2017 -5- APPENDIX OF WP(C) 41214/2017 PETITIONER EXHIBITS EXHIBIT P1: PHOTOCOPY OF THE ORDER DATED 18.11.2017 IN CRL.M.C.NO.2446/2017 OF THE ADDITIONAL SESSIONS COURT-I, THIRUVANANTHAPURAM.
EXHIBIT P2: PHOTOCOPY OF THE COMPLAINT ALONG WITH ITS DOCUMENT FILED BY THE 2ND RESPONDENT BEFORE THE LOK AYUKTA.
EXHIBIT P3: PHOTOCOPY OF THE NOTICE DATED 8.12.2017 IN COMPLAINT NO.1387/2017 OF THE KERALA LOK AYUKTA.
EXHIBIT P4: PHOTOCOPY OF THE ORDER DATED 14.12.2017 IN COMPLAINT NO.1387/2017.