Jaison vs State Of Kerala
2021 Latest Caselaw 7966 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

          THE HONOURABLE MR. JUSTICE R. NARAYANA PISHARADI

    MONDAY, THE 08TH DAY OF MARCH 2021 / 17TH PHALGUNA, 1942

                      WP(C).No.29426 OF 2019(C)


PETITIONER:

               JAISON
               AGED 25 YEARS
               S/O. VIJAYAN, RESIDING AT MANALUVILA VEEDU, ARAYOOR
               P O, NEYATTINKARA, THIRUVANANTHAPURAM-695122.

               BY ADVS.
               SRI.PRATHAP. S.R.K.
               SMT.P.DEEPTHI
               SMT.G.BINDU
               SRI.K.RAJAN (KOLLAM)

RESPONDENTS:

      1        STATE OF KERALA
               REPRESENTED BY THE SECRETARY, DEPARTMENT OF LOCAL
               SELF GOVERNMENT, GOVERNMENT SECRETARIAT,
               THIRUVANANTHAPURAM-695001.

      2        THE DEPUTY DIRECTOR,
               OFFICE OF THE DIRECTOR OF PANCHAYATS PUBLIC OFFICE
               BUILDING, MUSEUM P O, THIRUVANANTHAPURAM-695033.

      3        THE DISTRICT COLLECTOR,
               CIVIL STATION, KUDAPPANAKUNNU, THIRUVANANTHAPURAM-
               695043.

      4        THE DIRECTOR,
               VIGILANCE AND ANTI CORRUPTION BUREAU,
               THIRUVANANTHAPURAM-695001.

               SRI A RAJESH SPL- PP VACB

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
04-03-2021, THE COURT ON 08-03-2021 DELIVERED THE FOLLOWING:
 W.P.(C) No.29426/2019
                                   2




                     R.NARAYANA PISHARADI, J
                     ************************
                      W.P.(C) No.29426 of 2019
             -----------------------------------------------
                Dated this the 8th day of March, 2021


                             JUDGMENT

The petitioner had made Ext.P6 complaint to the District

Collector, Thiruvananthapuram regarding the malpractices

committed in relation to some construction works done by

Chenkal Grama Panchayat. He had sent a copy of the same to

the Director, Vigilance and Anti-Corruption Bureau (VACB),

Thiruvananthapuram.

2. The petitioner laments that the Director, VACB has not

taken any action on Ext.P6 complaint. He has filed this writ

petition to issue necessary directions to the Director, VACB to

conduct investigation into the allegations raised in Ext.P6

complaint.

3. Heard learned counsel for the petitioner and the

learned Public Prosecutor.

W.P.(C) No.29426/2019

4. When the writ petition came up for hearing on

04.03.2021, the learned Public Prosecutor produced before this

Court a status report prepared by the Dy.S.P, VACB, Special

Investigation Unit-II, Thiruvananthapuram in the matter. It is

stated in his report that the Director, VACB had addressed the

Additional Chief Secretary, Vigilance Department, Government of

Kerala to obtain approval to conduct preliminary enquiry under

Section 17A of the Prevention of Corruption Act, 1988.

5. Learned Public Prosecutor submitted that a direction

can be given to the Additional Chief Secretary, Vigilance

Department, Government of Kerala to take a decision on the

request made by the Director, VACB to grant approval for

conducting preliminary enquiry.

6. In the aforesaid circumstances, I am of the view that

this writ petition can be disposed of by giving appropriate

direction to the Additional Chief Secretary, Vigilance Department,

Government of Kerala.

7. Consequently, the writ petition is disposed of as

follows: The Additional Chief Secretary, Vigilance Department, W.P.(C) No.29426/2019

Government of Kerala is directed to take a decision, within a

period of three months from today, on the request made by the

Director, VACB seeking approval for conducting preliminary

enquiry with regard to the allegations contained in Ext.P6

complaint. He shall communicate the decision taken to the

Director, VACB and the petitioner, within a period of seven days

from the date of the decision. Since the Additional Chief

Secretary, Vigilance Department, Government of Kerala is not a

party to this writ petition, the Director, VACB shall immediately

bring this judgment to the notice of the Additional Chief

Secretary, Vigilance Department for necessary action.

(sd/-) R.NARAYANA PISHARADI, JUDGE jsr W.P.(C) No.29426/2019

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE PROJECT LIST FOR THE PERIOD FROM 2019-2010 OF THE PANCHAYATH.

EXHIBIT P2 TRUE COPY OF THE PETITION PREFERRED BY THE PETITIONER ON 18.09.2019 BEFORE THE 3RD RESPONDENT.

EXHIBIT P3              TRUE   COPY   OF    THE   LETTER   DATED
                        19.09.2019   ADDRESSED   TO    THE   2ND
                        RESPONDENT BY THE 3RD RESPONDENT.

EXHIBIT P4              TRUE   COPY       OF   THE    PETITION   DATED
                        24.08.2019        SUBMITTED    TO    THE   2ND
                        RESPONDENT.

EXHIBIT P5              TRUE     COPY     OF     THE     RECEIPT
                        NO.B3/201392/2019    DATED    24.08.2019
                        ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P6              TRUE   COPY OF   THE          COMPLAINT DATED
                        24.08.2019 PREFERRED          BEFORE THE 4TH
                        RESPONDENT.

EXHIBIT P7              TRUE     COPY     OF     THE     RECEIPT

NO.28323/2019/DVACB DATED 30.08.2019.

RESPONDENTS' EXHIBITS      :    NIL


                           TRUE COPY

                                              PS TO JUDGE