Kerala High Court
P.U.Eldho vs State Of Kerala on 20 January, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
WEDNESDAY, THE 20TH DAY OF JANUARY 2021 / 30TH POUSHA, 1942
WP(C).No.26577 OF 2020(V)
PETITIONER:
P.U.ELDHO
AGED 52 YEARS
S/O.ULAHANNAN, PATTUPALAYIL HOUSE, KOLLIKANDAM,
MAKKIYAD P.O., WAYANAD DISTRICT (PRESIDENT,
NELLULPADAKA SAMITHI, REG NO.119/2012,
KOROM,KOLLIKANDAM THONDARNAD-PO,WAYANAD DISTRICT)
BY ADVS.
SHRI.P.VENUGOPAL
SMT.T.J.MARIA GORETTI
SMT.FERHA AZEEZ
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ADDITIONAL CHIEF SECRETARY, HOME AND
VIGILANCE DEPARTMENT, MAIN BLOCK, SECRETARIAT,
THIRUVANANTHAPURAM,PIN-695 001
2 DIRECTOR,
VIGILANCE AND ANTI- CORRUPTION BUREAU, PMG-VIKAS
BHAVAN,P.O.,OPP.KSRTC DEPOT, THIRUVANANTHAPURAM,PIN-
695 033
3 SUPERINTENDNET OF POLICE,
VIGILANCE AND ANTI-CORRUPTION BUREAU, NORTHERN RANGE,
THONDAYADU -P.O., KOZHIKODE DISTRICT,PIN-673 016
4 DEPUTY SUPERINTENDENT OF POLICE,
VIGILANCE AND ANTI-CORRUPTION BUREAU, WAYANAD UNIT,
MEENANGADI -P.O., WAYANAD DISTRICT,PIN-673 591
R1-4 BY GOVERNMENT PLEADER
SPL.GP.VIGILANCE SONY K.B.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Wpc 26577/2020 2
V.G.ARUN, J.
===========================
WP(C)No.26577 of 2020
===========================
Dated this the 20th day of January, 2021
JUDGMENT
The petitioner was constrained to approach this court for the 3 rd
time, due to the inordinate delay in filing final report in V.C.No.9/2016
WYD of VACB, in which the petitioner figure as one of the accused.
2. When the earlier writ petition came up for consideration, it
was submitted on behalf of the Vigilance Department that the factual
report is submitted before the Director of VACB and the final report
will be filed on obtaining concurrence from the Director. In the instant
case, the stand taken in the statement was that sanction to prosecute
some of the accused was sought from the Director Board of
Nellulpadaka Samithi, Korom and the delay in filing the final report
was only due to procrastination on the part of the Director Board of
the Samithy to grant sanction.
3. Today, when the matter was taken up for consideration,
learned Special Government Pleader, VACB submitted that, pending
the writ petition, legal opinion was sought regarding the requirement
of obtaining sanction from the Director Board of the Samithy and it
was opined that there was no such requirement. Accordingly, decision
has been taken to file the final report immediately and in any event,
the final report will be filed before 15.02.2021. Hence, the writ
petition is closed, directing the 4 th respondent to submit the final
report on or before 15.02.2021.
sd/-
V.G.ARUN
JUDGE
lgk
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE FIR REGISTERED AS
VC9/2016/WYD DATED 09.11.2016 BY THE 4TH
RESPONDENT
EXHIBIT P2 TRUE COPY OF THE ORDER DATED 15.12.2016
PASSED BY THIS HONOURANLE COURT IN CRL MC
NO.8334/2016
EXHIBIT P3 TRUE COPY OF THE STATEMENT FILED BY THE
INSPECTOR OF POLICE, VACB, WAYANAD DATED
298.04.2019 IN CRL.M.C NO.2950/2019
EXHIBIT P4 TRUE COPY OF THE ORDER DATED 05.07.2019
PASSED BY THIS HONOURABLE COURT IN CRL MC
NO.2950/2019
