Adv.C.I.Edison vs State Of Kerala
2021 Latest Caselaw 1732 Ker

WP(C).No.28973 OF 2012(S)        -1-

              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

           THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR

                                   &

              THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

     MONDAY, THE 18TH DAY OF JANUARY 2021 / 28TH POUSHA, 1942

                       WP(C).No.28973 OF 2012(S)


PETITIONER/S:

                ADV.C.I.EDISON
                CHAIRMAN, ALL KERALA NIYAMA SAHAYA VEDI,
                S/O.C.U.IYYUNNI, RESIDING AT CHEERAN HOUSE,
                JERUSELAM ROAD, PAZHANJI POST, THALAPPILLI TALUK,
                THRISSUR DISTRICT, PIN 680542.

                BY ADVS.
                SRI.K.RAMAKUMAR (SR.)
                SRI.K.JAYAKUMAR(CHERTHALA)
                SRI.R.MANOJ
                SMT.MEREENA.J.JOSEPH
                SMT.S.S.MEERA
                SRI.K.P.RAMACHANDRAN
                SMT.SHOBA NAIR
                SMT.SMITHA GEORGE

RESPONDENT/S:

       1        STATE OF KERALA
                REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT,
                GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN
                695001.

       2        THE DIRECTOR
                VIGILANCE AND ANTI CORRUPTION BUREAU, PMG,
                THIRUVANANTHAPURAM, PIN 695033.

       3        SRI.T.P.SENKUMAR IPS
                ADDITIONAL DIRECTOR GENERAL OF POLICE
                (INTELLIGENCY), INTELLIGENCE HEAD QUARTERS, PATTOM
                POST, TRIVANDRUM, PIN 695004.

       4        SRI.S.SREEJITH IPS
                (FORMERLY WORKING AS COMMANDANT, MALABAR SPECIAL
                POLICE (MSP), MALAPPURAM), PRESENTLY WORKING AS
 WP(C).No.28973 OF 2012(S)       -2-

               JOINT DIRECTOR, POLICE ACADEMY, RAMAVARMAPURAM,
               THRISSUR, PIN 680631, PERMANENT RESIDENT AT 5/749,
               SREE RAGAM HOUSE, RARICHAN ROAD, ERANHIPALAM,
               KOZHIKODE, PIN 673006.

       5       SRI.U.SHARAFFALI
               PRESENTLY WORKING AS COMMANDANT, MALABAR SPECIAL
               POLICE (MSP), MALAPPURAM, PIN 676505.

       6       SRI.RADHAKRISHNAN NAIR
               FORMERLY WORKING AS COMMANDANT IN MALABAR SPECIAL
               POLICE (MSP), PERMANENT RESIDENT AT HOUSE NO.234,
               PUTHENKAVU POST, CHENGANNUR, PIN 689123.

       7       THE JOINT SECRETARY TO GOVERNMENT
               GENERAL ADMINISTRATION (SPECIAL A ) DEPARTMENT,
               THIRUVANANTHAPURAM-695001.

       8       SRI.P.J.THOMAS
               (FORMER CHIEF SECRETARY-DURING 2008 OCTOBER),
               T.C.NO.15/2035, WOMEN'S COLLEGE LANE, THYCAUD POST,
               VAZHUTHACAUD, THIRUVANANTHAPURAM-695014.

       9       SRI.O.BABU
               (FORMER JOINT SECRETARY-DURING 2008 OCTOBER),
               PRESENTLY WORKING WITH HOME MINISTER'S OFFICE,
               GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN
               695001.

       10      THE REGISTRAR
               UNIVERSITY OF CALICUT, CALICUT UNIVERSITY POST,
               MALAPPURAM DISTRICT, PIN 673635.

       11      UNION OF INDIA
               REPRESENTED BY THE HOME SECRETARY, MINISTRY OF HOME
               AFFAIRS, NEW DELHI, PIN 110001.

               R1-2 BY GOVERNMENT PLEADER
               R1 BY ADV. SRI.P.CHANDRASEKHARA PILLAI C.B.I.
               R11 BY ADV. SHRI.P.VIJAYAKUMAR, ASG OF INDIA

OTHER PRESENT:

               SRI. TEK CHAND SR GP FOR R1 AND R2,
               SRI.P.VIJAYAKUMAR, ASG FOR R11

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
18.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.28973 OF 2012(S)             -3-




                             JUDGMENT

Dated this the 18th day of January, 2021

S. Manikumar, C. J.

Instant writ petition has been filed seeking the following reliefs:-

"(i) Issue a Writ of Certiorari or any other appropriate Writ, direction or Order, calling for the entire records (including File No.96469 / Spl.A3 / 2006 / GAD) leading to Exhibit-P-4 Order and quashing the same.

(ii) Issue a Writ of Mandamus or any other appropriate Writ, direction or Order commanding the 1st respondent to initiate action against respondents 4, 5, and 6 based on the recommendations contained in Exhibit-P-1 to Exhibit-P-3 Reports.

(iii) Direct the Respondent No.8 and 9 to file a separate and independent affidavit by them on the issue, and on the File No.96469 / Spl.A3 / 2006 / GAD, and;

(iv) Issue a Writ of Mandamus or any other appropriate Writ, direction or Order commanding the 1st respondent to proceed legally against the Respondent No.8, who had Stifled the Prosecution against the 4th respondent and.

(vi) Issue a Writ of Mandamus or any other appropriate Writ, direction or Order commanding the Respondent No. 1 to refrain (suspend) the Respondent No. 4 from the Police Service, especially from the 'Law and Order' and from 'Police Training' field, as he would use his official influence on the pending cases and he may tamper the existing evidences by using such official capacity, till he is discharged / acquitted / cleared of all police cases / vigilance cases / charges against him "

2. On this day when the matter came up for hearing, Ms.

Shobha Nair, learned counsel for the petitioner submitted that she is

not pressing the writ petition.

Placing on record the above submission, writ petition is

dismissed as not pressed.

Sd/-

S.MANIKUMAR CHIEF JUSTICE

Sd/-

SHAJI P.CHALY JUDGE

Eb

///TRUE COPY///

P. A. TO JUDGE

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT-P1 TRUE PHOTOSTAT COPY OF THE VIGILANCE REPORT ENDORSING THE FINDINGS OF THE DEPUTY SUPERINTENDENT OF POLICE, VIGILANCE AND ANTI CORRUPTION BUREAU DATED 31.10.2005 WITH ITS NEATLY TYPED COPY.

EXHIBI-P2 TRUE PHOTOSTAT COPY THE FORWARDING ENDORSEMENT OF THE SUPERINTENDENT OF POLICE, VIGILANCE AND ANTI CORRUPTION BUREAU, IN RESPECT OF EXHIBIT-P1 DATED 09.12.2005 WITH ITS NEATLY TYPED COPY.

EXHIBIT-P3 TRUE PHOTOSTAT COPY OF THE RECOMMENDATIONS OF THE 2ND RESPONDENT DATED 27.04.2006 AND THE OFFICIAL LETTER DATED 20.11.2006 OF THE PRINCIPAL SECRETARY.

EXHIBIT-P4 TRUE PHOTOSTAT COPY OF THE ORDER DATED 23.10.2008 ISSUED BY THE 8TH RESPONDENT TO THE 2ND RESPONDENT.