Prajeev.D vs The Station House Officer
2022 Latest Caselaw 7426 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
   FRIDAY, THE 24TH DAY OF JUNE 2022 / 3RD ASHADHA, 1944
                    WP(C) NO. 41214 OF 2017
PETITIONER/S:

            PRAJEEV.D
            AGED 57 YEARS
            AGED 57, S/O DIVAKARA PANICKER, NN-159, T.C.5/515
            (2),PLAVILAKATHU VEEDU, PEROORKADA P.O.,
            THIRUVANANTHAPURAM.
            BY ADV SRI.SHAJIN S.HAMEED


RESPONDENT/S:

    1       THE STATION HOUSE OFFICER
            PEROORKADA POLICE STATION,
            THIRUVANANTHAPRUAMDISTRICT, PIN:695005.
    2       N.RAVEENDRA NATH
            PRINCIPAL, KERALA TUTORIAL COLLEGE, INDIRA NAGAR
            ROAD, PEROORKADA P.O.,
            THIRUVANANTHAPURAMPIN:695005.
    3       KERALA LOK AYUKTA
            REPRESENTED BY ITS REGISTRAR, LEGISLATURE
            COMPLEX, VIKAS BHAVAN P.O., THIRUVANANTHAPURAM,
            PIN:695033
            SRI. V. TEK CHAND, SR. GP
     THIS    WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION    ON   24.06.2022,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W. P. (C) No. 41214 of 2017
                                     -2-


                              JUDGMENT

S. Manikumar, C. J.

Being aggrieved by the order of the Upa Lok Ayukta in

complaint No. 1387 of 2017 dated 14.12.2017, instant writ petition is

filed.

2. Short facts leading to the filing of the writ petition are as

hereunder:-

a) According to the petitioner, Mr. N. Raveendra Nath, the 2 nd

respondent, filed Ext. P2 complaint before the Upa Lok Ayukta,

alleging that the petitioner herein has dumped building waste materials

into his property, and based on the complaint filed by him, the

petitioner was summoned to the police station, where the petitioner has

undertaken to remove the waste by endorsing in the petition register.

The 2nd respondent further alleged maladministration against the

Station House Officer, the 1st respondent, and seeking a relief to issue

an order directing the 1st respondent to initiate legal proceedings

against the petitioner herein and to implement the endorsement made

in the petition register.

W. P. (C) No. 41214 of 2017

b) Petitioner has submitted that he received Ext. P3 notice on

12.12.2017. On 13.12.2017, the petitioner was represented before the

Upa Lok Ayukta by his counsel. However, the Upa Lok Ayukta insisted

the appearance of the petitioner and posted the case to next day. On

14.12.2017, the petitioner and his counsel were present. The Upa Lok

Ayukta, without conducting any investigation and providing a

reasonable opportunity of hearing, passed Ext. P4 order.

c) Petitioner has contended that Ext.P2 complaint is not

maintainable before the Lok Ayukta, since the same will not come

within the purview of Section 7 of The Kerala Lok Ayukta Act, 1999.

Further, Ext.P4 order is passed without conducting any investigation,

which is against Section 12 (1) of the Act.

3. Being aggrieved, instant writ petition is filed.

4. Record of proceedings shows that when the matter came up

for admission on 20.12.2017, by ordering notice, a Hon'ble Division

Bench of this Court stayed the order impugned.

5. On this day, when the matter came up for hearing, on

instructions, Mr. Shajin S. Hameed, learned counsel for the writ W. P. (C) No. 41214 of 2017

petitioner, submitted that subsequently, dispute between the appellant

and the 2nd respondent, has been amicably settled, and nothing survives

in the writ petition for consideration.

Placing on record the submission of the learned counsel for the

petitioner, instant writ petition is closed.

Sd/-

S. MANIKUMAR CHIEF JUSTICE

Sd/-

SHAJI P. CHALY JUDGE

Eb ///TRUE COPY/// P. A. TO JUDGE W. P. (C) No. 41214 of 2017

APPENDIX OF WP(C) 41214/2017

PETITIONER EXHIBITS EXHIBIT P1: PHOTOCOPY OF THE ORDER DATED 18.11.2017 IN CRL.M.C.NO.2446/2017 OF THE ADDITIONAL SESSIONS COURT-I, THIRUVANANTHAPURAM.

EXHIBIT P2: PHOTOCOPY OF THE COMPLAINT ALONG WITH ITS DOCUMENT FILED BY THE 2ND RESPONDENT BEFORE THE LOK AYUKTA.

EXHIBIT P3: PHOTOCOPY OF THE NOTICE DATED 8.12.2017 IN COMPLAINT NO.1387/2017 OF THE KERALA LOK AYUKTA.

EXHIBIT P4: PHOTOCOPY OF THE ORDER DATED 14.12.2017 IN COMPLAINT NO.1387/2017.