Kerala High Court
Ambady Gopalakrishnan vs State Of Kerala on 22 June, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 22ND DAY OF JUNE 2023 / 1ST ASHADHA, 1945
WP(C) NO. 19368 OF 2023
PETITIONER:
AMBADY GOPALAKRISHNAN
AGED 46 YEARS
S/O.LATE ADVOCATE P.S.DEVADAS,
PAZHAMPILLISSERIL HOUSE, MANJALI P.O, NORTH PARAVUR,
ERNAKULAM DISTRICT, PIN - 683520
BY ADV VIVEK VENUGOPAL
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
EXCISE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM,
PIN - 695001
2 KERALA STATE BEVERAGES (MANUFACTURING & MARKETING)
CORPORATION, PALAYAM, THIRUVANANTHAPURAM, REPRESENTED
BY ITS MANAGING DIRECTOR, PIN - 695033
3 N.S. PREMJI
S/O.SUBRAMANIAN, NEYSSERIL HOUSE, MOOTHAKUNNAM P.O,
NORTH PARAVUR, ERNAKULAM DISTRICT, (WORKING AS L.D.C
(NCB), KERALA STATE BEVERAGES (MANUFACTURING &
MARKETING) CORPORATION, NORTH PARAVUR), PIN - 683516
4 VADAKKEKARA HINDU MATHA DHARMA PARIPALANA SABHA (HMDP)
REG.NO.ER-842/99, MOOTHAKUNNAM P.O, NORTH PARAVUR,
ERNAKULAM DISTRICT, PIN-683516, REPRESENTED BY ITS
SECRETARY MR.SUNILKUMAR, S/O.DHANASEELAN,RESIDING AT
VELASSERI HOUSE, MADAPLATHURUTHU, MOOTHAKUNNAM P.O,
ERNAKULAM., PIN - 683516
BY ADV.SRI.T.NAVEEN, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 19368 OF 2023
2
P.V.KUNHIKRISHNAN, J.
------------------------------
W.P.(C)No. 19368 of 2023
----------------------------------------------
Dated this the 22nd day of June, 2023
JUDGMENT
The above writ petition is filed with the
following prayers:
"(i) issue a writ of mandamus or any
other appropriate writ, direction or order,
directing the 2nd respondent to expedite the
enquiry as mentioned in Ext. P8 and conclude
the same within one month.
(ii) To direct the 2nd respondent to
conclude the enquiry which is already
initiated as shown in Ext. P8 in a time bound
manner considering the fact that the 3rd
respondent is on the verge of retirement.
(iii) grant such other and further
reliefs as this Hon'ble Court may deem fit
and proper in the facts and circumstances of
the case; and
(iv) Dispense with the filing of the
WP(C) NO. 19368 OF 2023
translation of vernacular documents."[SIC]
2. The petitioner is aggrieved by the
delay in conducting the enquiry initiated as
evident by Ext.P8. According to the petitioner, it
is informed by the Nodal officer of the 2nd
respondent that the enquiry is going on in
connection with the petition given by the
petitioner. But it was further informed that the
enquiry will take considerable period of time as
the 4th respondent is outside the limit of the 2 nd
respondent, Corporation. It is also submitted by
the petitioner that the 3rd respondent will retire
from service within a period of 3 months. It is
submitted that, as per Ext.P3 gazette
notification, the 3rd respondent is restricted from
holding the post of an office bearer in the 4 th
respondent Sabha. The 3rd respondent has acted
WP(C) NO. 19368 OF 2023
in violation to Ext.P3 and thereby cheated the
Government is the submission. The grievance of
the petitioner is that, the enquiry initiated as per
Ext.P8 is to be concluded immediately. Hence
this writ petition is filed.
3. Heard the learned counsel appearing
for the petitioner and the learned Standing
counsel appearing for the 2 nd respondent. No
notice is necessary to respondents 3 and 4 at
this stage. If they are aggrieved by any of the
directions issued by this Court, they are free to
file a Review Petition before this Court.
4. This Court perused Ext.P8. A perusal
of Ext.P8 will show that an enquiry is initiated.
The Standing counsel appearing for the 2 nd
respondent submitted that the petitioner has no
locus standi to file this writ petition because in
WP(C) NO. 19368 OF 2023
service jurisprudence, the petitioner is not an
affected party. I don't want to make any
observation about the same. As evident by
Ext.P8, an enquiry is initiated. That enquiry is to
be concluded in accordance with law. I make it
clear that, I have not considered the matter on
merit and the authority concerned can conduct
the enquiry in accordance with law with notice to
the affected parties. But the enquiry is to be
concluded within a time frame.
Therefore, this writ petition is disposed of
directing the 2nd respondent to conclude the
enquiry initiated based on Ext.P8, as
expeditiously as possible, at any rate, within a
period of four months from the date of receipt of
a certified copy of this judgment. Before
finalising the enquiry, sufficient opportunity of
WP(C) NO. 19368 OF 2023
hearing should be given to the 3rd respondent. I
once again make it clear that, I have not
considered the matter on merit and the 2nd
respondent is free to pass appropriate orders in
accordance with law.
Sd/-
P.V.KUNHIKRISHNAN
DM JUDGE
WP(C) NO. 19368 OF 2023
APPENDIX OF WP(C) 19368/2023
PETITIONER EXHIBITS
EXHIBIT-P1 TRUE PHOTOCOPY OF THE NOTICE
RECEIVED FROM THE 4TH RESPONDENT
SABHA STATING THAT THE
PETITIONER IS ELECTED AS A
COMMITTEE MEMBER WITH REFERENCE
NO.1571/19-20 DATED 03.07.2019
EXHIBIT-P2 TRUE PHOTOCOPY OF THE NOTICE OF
THE CANDIDATES TO THE 4TH
RESPONDENT SABHA
EXHIBIT-P3 TRUE PHOTOCOPY OF THE GAZETTE
NOTIFICATION
NO.GO(P)NO.27/2014/P&ARD DATED
07.08.2014
EXHIBIT-P4 TRUE PHOTOCOPY OF THE
APPLICATION DATED 24.03.2023
SUBMITTED BEFORE THE STATE
PUBLIC INFORMATION OFFICER OF
THE 2ND RESPONDENT.
EXHIBIT-P5 TRUE PHOTOCOPY OF THE REPLY
DATED 19.04.2023 ISSUED FROM THE
OFFICE OF THE 2ND RESPONDENT.
EXHIBIT-P6 TRUE PHOTOCOPY OF THE PETITION
DATED 24.04.2023 SUBMITTED
BEFORE THE HON'BLE CHIEF
MINISTER
EXHIBIT-P7 TRUE PHOTOCOPY OF THE RECEIPT OF
ACKNOLWLEDGMENT OF EXT.P6
PETITION
WP(C) NO. 19368 OF 2023
EXHIBIT-P8 TRUE PHOTOCOPY OF THE LETTER
DATED 03.06.2023 ISSUED BY THE
NODAL OFFICER OF THE 2ND
RESPONDENT.
RESPONDENTS EXHIBITS : NIL
//TRUE COPY// PA TO JUDGE
