K. Velayudhan Nair vs State Of Kerala
2021 Latest Caselaw 19121 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
        THE HONOURABLE MR. JUSTICE R. NARAYANA PISHARADI
 MONDAY, THE 13TH DAY OF SEPTEMBER 2021 / 22ND BHADRA, 1943
                     WP(C) NO. 16160 OF 2021
PETITIONER:

            K. VELAYUDHAN NAIR,
            AGED 66 YEARS
            S/O. LATE ACHUTHAN NAIR, ARCHANA, MUNDUPARAMBA
            P.O. MALAPPURAM DISTRICT 676 509.
            BY ADV SOJAN MICHEAL


RESPONDENTS:

    1       STATE OF KERALA,
            REPRESENTED BY ADDITIONAL CHIEF SECRETARY,
            DEPARTMENT OF VIGILANCE, GOVERNMENT SECRETARIAT,
            THIRUVANANTHAPURAM 695 001.
    2       DIRECTOR,
            VIGILANCE AND ANTI- CORRUPTION BUREAU, VIKAS
            BHAVAN,
            THIRUVANANTHAPURAM 695 033.


            SRI A RAJESH -SPL PP VACB


     THIS     WRIT   PETITION    (CIVIL)   HAVING   COME   UP   FOR
ADMISSION ON 13.09.2021, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
 W.P.(C) No. 16160 of 2021

                                       2




                 R. NARAYANA PISHARADI, J
        ----------------------------------------------------
                  W.P.(C) No. 16160 of 2021
       -----------------------------------------------------
                  Dated this the 13th day of September, 2021

                                JUDGMENT

The reliefs sought in this writ petition are as follows:

"(i) To issue a writ of mandamus,order or direction directing the 1st respondent to take a decision on Ext.P1 forthwith;

(ii) To issue such other writ, order or direction as this Hon'ble Court may deem fit and proper to grant in the facts and circumstances of the case."

2. The petitioner had made a complaint to the Director,

Vigilance and Anti-Corruption Bureau (VACB) with regard to the

corrupt practices allegedly committed in granting building permit

and occupancy certificate from the Malappuram Municipality. On

the basis of that complaint, as per Ext.P1 communication, the

Director, VACB has sent a request to the first respondent for

granting prior approval for conducting preliminary enquiry under

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

Subsequently, the petitioner made Ext.P2 representation to the

first respondent praying that prior approval may be granted for W.P.(C) No. 16160 of 2021

conducting the preliminary enquiry as requested by the Director,

VACB.

3. The petitioner laments that the first respondent has not

so far taken any decision on Ext.P1.

4. Heard the learned counsel for the petitioner and the

learned Public Prosecutor.

5. Learned Public Prosecutor has submitted that, if any

request like Ext.P1 is received by the Additional Chief Secretary,

Vigilance and if he is not the authority competent to grant prior

approval or sanction, the practice being followed is to forward it to

the authority competent to grant such approval or sanction.

6. In the aforesaid circumstances, I find that the writ

petition can be disposed of by issuing a direction to the first

respondent to take appropriate decision on Ext.P1 request made by

the Director, VACB and on Ext.P2 representation made by the

petitioner within a period of two weeks from today, if already no

decision has been taken on them.

7. Consequently, the first respondent is directed to take a

decision on Exts.P1 and P2 within a period of two weeks from

today and communicate the same to the petitioner forthwith. The W.P.(C) No. 16160 of 2021

writ petition is disposed of as above.

Sd/-R. NARAYANA PISHARADI JUDGE lsn W.P.(C) No. 16160 of 2021

APPENDIX OF WP(C) 16160/2021

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE REQUEST OF THE 2ND RESPONDENT DATED 20.02.2021.

Exhibit P2 TRUE COPY OF THE REPRESENTATION DATED 01.07.2021.

RESPONDENTS EXHIBITS:       NIL



                                                     TRUE COPY



                                                  P.A TO JUDGE




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