V.Bharghavan Pillai vs State Of Kerala
2021 Latest Caselaw 14323 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
      THE HONOURABLE MR. JUSTICE R. NARAYANA PISHARADI
   THURSDAY, THE 8TH DAY OF JULY 2021 / 17TH ASHADHA, 1943
                   WP(C) NO. 13512 OF 2021
PETITIONERS:

          V.BHARGHAVAN PILLAI
          AGED 67 YEARS
          S/O LATE VISWANATHAN PILLAI, 'ASWATHI'
          MARUTHUMOOD, CHETTACHAL P.O., VIA VITHURA,
          THIRUVANANTHAPURAM.
          BY ADVS.
          K.B.PRADEEP
          HARISANKAR R
          PRIYA MARY P.L.


RESPONDENTS:

         1.THE STATE OF KERALA
         REPRESENETED BY THE ADDL.CHIEF SECRETARY,
         VIGILANCE-B DEPARTMENT, GOVERNMENT OF KERALA,
         GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PN-695
         033.

         2. INSPECTOR OF POLICE,
         VIGILANCE AND ANTI-CORRUPTION BUREAU
         THIRUVANANTHAPURAM, PIN-695 033.

         3. K.G. SAILAKUMARI, AGED 59 YEARS,
         W/O M.S.CHANDRAN, GOPINATHA VILASOM, PACHA,
         PALUVALLI, KUNNAPPUZHA VILLAGE, THIRUVANANTHAPURAM,
         PIN 695 032.

         4. N.SASIDHARAN NAIR, S/O NAGAPPAN NAIR, SARADA
         VILASOM, CHAYAM, VITHURA, THIRUVANANTHAPURAM,PIN-695
         551.

         5. VISWAMBHARAN NAIR, S/O KUNJANPILLAI, AJI BHAVAN,
         POTTAMCHIRA, CHETTACHAL P.O., THIRUVANANTHAPURAM,
         PIN-695 552.

         6. JAYENDRA KUMAR, AGED 66 YEARS, S/O SREEDHARAN,
         ROHINI, KOPPAM, VITHURA P.O., THIRUVANANTHAPURAM
         PIN-695 551.

         7. M.AYOOB, AGED 61 YEARS, S/O MUHAMMED KUNJU,
         M.A.MANZIL, KOPPAM, VITHURA P.O.,
  W.P(C). No. 13512 of 2021

                                           2

               THIRUVANANTHAPURAM- 695 551.

               8. N.PUSHPANGADAN NAIR, AGED 58 YEARS, S/O NARAYANA
               PILLAI, PRANAVA MANDIRAM, MANGDU, PARAPARA P.O.,
               THIRUVANANTHAPURAM- 695 551.

               9. M.A. SALIM, AGED 58 YEARS, S/O ABDUL
               MAJEED, HEERA HOUSE, THOTTUMUKKU, VITHURA P.O.,
               THIRUVANANTHAPURAM- 695 551.

               10. ABDUL ASSIS, S/O SULAIMAN PILLAI, KUNNUMPURATHU
               VEEDU, THOLIKODU P.O., THIRUVANANTHAPURAM- 695 551.

               11. S. THANKAMONY, AGED 53 YEARS, D/O SUNDARI AMMA,
               THANKAMONY BHAVAN, PARAPARA P.O.,
               THIRUVANANTHAPURAM- 695 551.

               12. C.S. PRAVEEN, AGED 42 YEARS, S/O CHANDRAN KANI,
               PRAVEEN VILASOM, OZHUKUPARA P.O.,CHETTACHAL,
               THIRUVANANTHAPURAM, PIN-695 552.
JAYENDR




           THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON        08.07.2021,   THE   COURT   ON       THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P(C). No. 13512 of 2021

                                      3




                R. NARAYANA PISHARADI, J
       ----------------------------------------------------
                 W.P(C). No. 13512 of 2021
      -----------------------------------------------------
                 Dated this the 08th day of July, 2021


                              JUDGMENT

The petitioner had filed Ext.P1 complaint in the Court of the

Enquiry Commissioner and Special Judge (Vigilance),

Thiruvananthapuram. A preliminary enquiry was ordered to be

conducted by the court in that complaint.

2. The Inspector of Police, Vigilance and Anti-Corruption

Bureau (VACB), Thiruvananthapuram Unit, filed a quick verification

report in the court below. Thereafter FIR was registered in the

matter as VC07/2013/TVM under Sections 13(1)(c) and 13(1)(d)

read with 13(2) of the Prevention of Corruption Act, 1988. After

conducting investigation in the case, the Superintendent of Police,

VACB, Special Cell, Thiruvananthapuram filed Ext.P3 final report in

the Special Court to the effect that there was no substantial

evidence to prove the allegations raised against the accused

persons and that the case may be referred to as "mistake of fact"

and further action may be dropped.

W.P(C). No. 13512 of 2021

3. Ext.P3 final report (refer report) filed by the

investigating officer is under consideration before the competent

court.

4. Meanwhile, the petitioner made Ext.P4 application to the

Government, requesting to grant sanction under Section 19(1) of

the Prevention of Corruption Act, 1988 for prosecution against the

accused in the case. As per Ext.P5 letter, the Government

informed the petitioner that his representation cannot be

considered as the matter was pending before the competent court.

5. This writ petition is filed by the petitioner to issue

direction to the competent authority to grant sanction for

prosecution against the accused in the case as sought by him as

per Ext.P4 representation.

6. Heard the learned counsel for the petitioner and the

learned Public Prosecutor.

7. Since the final report filed by the investigating officer is

under consideration by the competent court, the writ petition filed

by the petitioner appears to be premature. It is for the competent

court to take a decision on Ext.P3 final report filed before it. Only

when the competent court passes an order on Ext.P3 report and if

it goes against the petitioner, he can have any grievance in the W.P(C). No. 13512 of 2021

matter. At this stage, no question of issuing any direction to the

Government, even to consider the application filed by the

petitioner for granting sanction for prosecution against the

accused, arises.

8. In the aforesaid circumstances, learned counsel for the

petitioner submitted that the petitioner may be permitted to

withdraw the writ petition with liberty to approach this Court at the

appropriate stage.

9. Consequently, the writ petition is dismissed as

withdrawn. The petitioner is at liberty to take appropriate

proceedings at the appropriate stage in the matter if the decision

of the competent jurisdictional court on Ext.P3 final report goes

against him.

Sd/-R. NARAYANA PISHARADI JUDGE lsn