Kerala High Court
Raveendranath K vs The Kerala Lok Ayukta on 10 August, 2022
WP(C) No.25490/2022 1/5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
Wednesday, the 10th day of August 2022 / 19th Sravana, 1944
WP(C) NO. 25490 OF 2022 I
PETITIONER:
1. RAVEENDRANATH K AGED 64 YEARS S/O. ARAVINDAKSHAN K., KAIMUKKIL HOUSE
(ARAVINDAM), THIROOR, KOLAZHY VILLAGE, MULAKUNNATHUKAVU, THRISSUR
-680 581.
2. D.JAYAPRASAD, AGED 59 YEARS S/O.LATE DAMODHARAN NAIR, GAYATHRI,
LENIN NAGAR, POONKUNNAM.P.O., THRISSUR - 680 002.
RESPONDENT:
1. THE KERALA LOK AYUKTA, LEGISLATURE COMPLEX, VIKAS BHAVAN,
THIRUVANANTHAPURAM - 695 033, REPRESENTED BY ITS REGISTRAR.
2. STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY TO
GOVERNMENT, HIGHER EDUCATION DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
3. THE DIRECTOR OF COLLEGIATE EDUCATION, GOVERNMENT OF KERALA, VIKAS
BHAVAN, THIRUVANANTHAPURAM-695 033.
4. THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, THRISSUR-680001.
5. THE ADMINISTRATOR AND MANAGER, GURUVAYUR DEVASWOM, GURUVAYUR P.O.,
THRISSUR - 680 101.
6. K.S.GEETHA, CHIRAG, ARIYANOOR P.O., GURUVAYUR, THRISSUR- 680 102.
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to stay the operation and implementation of all further
proceedings of the Respondents in Ext.P4 and P5 Orders pending disposal of
the above Writ Petition.
This petition coming on for orders upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
B.MOHANLAL, P.S.PREETHA, ASWIN V. NAIR, ABIJITH M., KARTHIK J SEKHAR
Advocates for the petitioners ,GOVERNMENT PLEADER for R2 to
R4,SRI.T.K.VIPINDAS,STANDING COUNSEL for R5,the court passed the
following:
WP(C) No.25490/2022 2/5
S.MANIKUMAR, CJ & SHAJI P. CHALY, J
-------------------------------------------------------
W.P.(C) No.25490 of 2022
--------------------------------------------------------
Dated this the 10th day of August, 2022
ORDER
S.MANIKUMAR, CJ.
Being aggrieved by the directions issued in Exhibit P4 Complaint
No.621/2014-C dated 7th July, 2022, issued by the Lok Ayukta - 1 st respondent and
Exhibit P5 order in G.O.(Rt.)No.991/2022/HEDN dated 29.06.2022 issued by the
State of Kerala, represented by the Principal Secretary to Government, Higher
Education Department, Thiruvananthapuram - 2nd respondent, instant writ petition
is filed.
2. Short facts leading to the filing of the writ petition are as follows:
"The Petitioners are the Respondents 1 and 3, who are the former
Principal of Sreekrishna College, Guruvayur, Thrissur managed by the 5 th
Respondent affiliated to Calicut University and the Respondents 2 and 5 are
the Respondents 4 and 2 in the Complaint and the 6 th Respondent is the
Complainant in the Complaint filed before the Learned Lok Ayukta. The
Respondents 3 and 4 are the officials of Collegiate Education. The 6 th
Respondent submitted Ext.P1 Complaint before the Learned Lok Ayukta
praying for a direction to pay Rs.5,78,308/ towards interest for the delay in
sanctioning the pensionary benefits. The Respondents 2 and 4 filed counter
affidavits and documents. The Petitioners filed Counter Affidavit and
documents. Resisting the contentions in Ext.P1 Complaint and prayed for
dismissal of the complaint, the 6th Respondent filed Reply Affidavit.
Admittedly going by the averments in Ext.P1 Complaint, the claim made by
WP(C) No.25490/2022 3/5
the 6th Respondent is from 02/11/2007 onwards, Ext.P1 Complaint was filed
on 10/01/2014 after a lapse of 7 years it is hopelessly barred by the law of
limitation as held by the Hon'ble Apex Court in cantina of decisions. The claim
of the 6th Respondent was already rejected by the Government, she filed
W.P.(C)NO:27261/2010 this Hon'ble Court disposed the Writ Petition by Ext
P1(a) Judgment. The 1st Respondent exceeded its jurisdiction vested under
the Kerala Lok Ayukta Act 1999 arbitrarily passed Interim Order dated
20.10.2017 by granting the relief in the form of a final order to the 6 th
Respondent, the petitioners challenged the above interim order before this
Hon'ble Court in W.P(C No.22798/2018, this Hon'ble Court passed Ext P2
Judgment set aside the interim order and directed the 1 st Respondent to pass
orders in terms of the Lok Ayukta Act. In compliance of the directions in the
interim order the 2nd Respondent passed Government Order, it was cancelled
by Ext P3 order. The petitioners and the 6 th Respondent are belongs to
Thrissur the case was posted in the camp sitting of the learned Lok Ayukta at
Thrissur from 2015 onwards. The learned Government Pleader appearing for
the Respondents 1 to 4 could not comply with the directions of the 1 st
Respondent the case was posted to Thiruvananthapuram. Th 1 st Respondent
scrupulously followed the Interim order date 20/10/2017 which was set aside
by this Hon'ble Court in Ext.P2 Judgment and blindly followed the findings in
the interim order dated 20.10.2017 and reiterated the verbatim reproduction
of those findings passed Ext P4 order and the 2nd Respondent passed Ext.P5
order. Hence this Writ Petition."
3. Admit. Learned Senior Government Pleader Mr.K.P.Harish takes notice for
respondents 2 to 4. Learned counsel Mr.T.K.Vipindas takes notice on behalf of the
WP(C) No.25490/2022 4/5
Administrator and Manager, Guruvayur Devaswom, Thrissur - respondent No.5.
Notice by speed post to respondent No.6, returnable in three weeks.
Post on 1.9.2022.
Sd/-
S.MANIKUMAR,
CHIEF JUSTICE
Sd/-
SHAJI P. CHALY,
smv JUDGE
10-08-2022 /True Copy/ Assistant Registrar
WP(C) No.25490/2022 5/5
APPENDIX OF WP(C) 25490/2022
Exhibit P1 THE TRUE COPY OF THE COMPLAINT NO:621/2014-C BY THE 6TH
RESPONDENT BEFORE THE 1ST RESPONDENT.
Exhibit P1(a) THE TRUE COPY OF THE JUDGMENT DATED 10/06/2011 IN WP(C)
NO.27261/2010 OF THIS HON'BLE COURT
Exhibit P2
THE TRUE COPY OF THE JUDGMENT DATED 01.08.2018 IN
WP(C)NO.22798/2018 OF THIS HON'BLE COURT
Exhibit P3
THE TRUE COPY OF THE G.O(RT) NO.1299/2021/HEDN DATED
29.09.2021 ISSUED BY THE 2ND RESPONDENT
Exhibit P4 THE TRUE COPY OF THE ORDER DATED 17.11.2021 IN
COMPLAINT NO.621/2014-C OF THE 1ST RESPONDENT.
Exhibit P5 THE TRUE COPY OF THE G.O.(RT) NO.991/2022/HEDN DATED
29.06.2022 ISSUED BY THE 2ND RESPONDENT .
