V.K.Ebrahim Kunju vs P. Girish Babu
2021 Latest Caselaw 21729 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT
              THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
                                     &
                  THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
        Tuesday, the 2nd day of November 2021 / 11th Karthika, 1943
                            WA NO. 1355 OF 2021

   AGAINST JUDGMENT DATED 17/08/2020 IN WP(C) 29565/2019 OF THIS COURT .

                                     ---

APPELLANT/THIRD PARTY:

  V.K.EBRAHIM KUNJU,S/O.V. U.KHADER,AGED 69 YEARS,

  PERIYAR CRESCENT,BY LANE NO.3,

  THOTTAKKATTUKARA SIVA TEMPLE ROAD,ALUVA,

  ERNAKULAM DISTRICT,KERALA -683108.

BY SENIOR ADVOCATE A.L.SOMAYAJI AND ADVS.M/S.BIJU VARGHESE
ABRAHAM,VIJAYAMEHANATH,

ANEESH K.M.,SHASHANK DEVAN, ADARSH KUMAR, SANTHOSH KUMAR &   DILEEP
CHANDRAN

RESPONDENT/PETITIONER & RESPONDENTS:

1.P. GIRISH BABU,S/O.MR.GOPALKRISHNAN, AGED 43 YEARS,

  PUNNAKKADAN HOUSE,CUSAT P.O., KALAMASSERY,

  ERNAKULAM, KERALA - 682022.

2.THE DIRECTOR OF VIGILANCE,

  VIGILANCE AND ANTI-CORRUPTION BUREAU,

  DIRECTORATE OF VIGILANCE AND ANTI-CORRUPTION BUREAU,

  VIKAS BHAVAN P.O.,THIRUVANANTHAPURAM, KERALA - 695 033.

3.DEPUTY SUPERINTENDENT OF POLICE,

  VIGILANCE AND ANTI-CORRUPTION BUREAU,ERNAKULAM UNIT,

  CBI ROAD,KATHRIKKADAVU P.O, ERNAKULAM, KERALA -682 017 .

                                                                      P.T.O.
 4.JOINT DIRECTOR ENFORCEMENT DIRECTORATE,

  KOCHI ZONAL OFFICE,MULLASSERY CANAL ROAD WEST,

  KOCHI, KERALA -682 011.

BY ASSISTANT SOLICITOR GENERAL OF INDIA &

CENTRAL GOVERNMENT COUNSEL SRI.JAGADEESH LAKSHMAN FOR R4.


     Prayer for interim relief in the Writ Appeal stating that in the
circumstances stated in the appeal memorandum, the High Court be pleased
to stay the effect and operation of the judgment dated 17.08.2020 passed
by the Learned Single Judge of this Hon'ble Court in W.P.(C)No.29565 of
2019 pending disposal of the instant Writ Appeal.


     This Writ Appeal coming on for admission on 02/11/2021 upon perusing
the appeal memorandum, the court on the same day passed the following:


                                                                   P.T.O.
                          S.Manikumar, C.J.
                                  &
                          Shaji P.Chaly, J.
                 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
                      W.A.No.1355 of 2021
                 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
             Dated this the 2nd day of November, 2021

                               ORDER

S.Manikumar, C.J.

We have heard Mr.A.L.Somayaji, learned Senior Advocate

appearing for the appellant while granting leave in I.A.No.1 of 2021.

We have considered the submissions, decisions and accordingly

granted leave.

2. Reiterating the above, Mr.A.L.Somayaji, learned Senior

Advocate, made submissions.

3. Though Mr.Jagadeesh Lakshman, learned Central

Government Counsel appearing for the Joint Director, Enforcement

Directorate, Kochi, respondent No.4, submitted that the learned

Assistant Solicitor General of India is appearing in this matter and

certain documents have to be filed, giving due consideration to the

pleadings, submissions and the material on record, we are of the

view that the issues raised in the writ appeal require adjudication.

Accordingly, writ appeal is admitted.

W.A.No.1355 of 2021

There shall be a stay of the directions insofar as directing the

respondent No.4/respondent No.3 in the writ petition, to proceed

with the investigation, insofar as the appellant is concerned, into

the allegations raised by the writ petitioner and also in respect of

sharing of the relevant materials by the Joint Director, Enforcement

Directorate, Kochi, respondent No.4.

Sd/-

S.Manikumar Chief Justice

Sd/-

Shaji P.Chaly Judge vpv

02-11-2021 /True Copy/ Assistant Registrar