Jyothish V.R vs Ministry Of Home Affairs
2023 Latest Caselaw 9731 Ker

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                         PRESENT
     THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI
                            &
           THE HONOURABLE MR.JUSTICE V.G.ARUN
 WEDNESDAY, THE 13TH DAY OF SEPTEMBER 2023 / 22ND BHADRA,
                          1945
                 WP(C) NO. 6007 OF 2016
PETITIONER/S:
         C.K.PADMANABHAN,AGED 55 YEARSS/O.KUNHIRAMA
         KURUP, PERMANENT RESIDENT OF CHAMMANKUZHYIL,
         CHANGAROTH P.O., P. MOZHY, KOZHIKODE.
         BY ADVS.
         SRI.K.RAMAKUMAR (SR.)
         SMT.ASHA BABU
         SMT.R.S.ASWINI SANKAR
         SRI.ARUNBABY STEPHEN
         SRI.S.M.PRASANTH
         SMT.S.PARVATHI
         SRI.G.RENJITH
RESPONDENT/S:
    1    THE SECRETARY TO MINISTRY OF HOME
         AFFAIRS,GOVERNMENT OF INDIA, NEW DELHI-110 001.
    2    THE CHIEF SECRETARY TO GOVERMENT OF
         KERALAGOVERNEMNT SECRETARAIT,
         THIRUVANANTHAPRUAM-695 001.
    3    MR.SUNDAR ADITHYA MENON,S/O.M.C.S. MENON,
         SWASTHI, DIWN NARAYANA MENON ROAD, CHEMBUKKAVU,
         THRISSUR-680 001.
    4    MANOJ KUMAR,AGED 49 YEARSS/O KANNANUNNY NAIR,
         VADASSERY HOUSE, TRIPRAYAR, VALAPAD POST,
         THRISSUR DISTTRICT-680567. IS IMPLEADED AS
         ADDITIONAL R4 AS PER ORDER DATED 4/03/2016 IN IA
         3159/16
    5    K.R. SRIPATHI,AGED 29 YEARSS/O K.V. RAMABHADRAN,
         KANNANCHERY HOUSE, POONKUNNAM, THRISSUR-680001.
         IS IMPLEADED AS ADDITIONAL R5 AS PER ORDER DATED
         31/03/2016 IN IA 4214/16
         BY ADVS.
         SRI.T.V.VINU, CGC
         GOVERNMENT PLEADER
 W.P.(C) Nos.6007 & 14847 of 2016

                                   -2-


             SRI.P.MARTIN JOSE
             RAJIT
             ANUPAMA SUBRAMANIAN
             SMT.ANUPAMA SUBRAMANIAN
             S.SREEKUMAR (SR)
             SRI.T.V.VINU CGC
             M.PREMCHAND
             GOVERNMENT PLEADER
             SRI.P.MARTIN JOSE
             SRI.M.PREMCHAND
             SRI.P.PRIJITH
             SRI.RAJIT
             SRI.S.SREEKUMAR SR.
             SRI.THOMAS P.KURUVILLA
OTHER PRESENT:
         SR.GP.K.P.HARISH
      THIS    WRIT    PETITION     (CIVIL)   HAVING   COME   UP   FOR
ADMISSION ON 13.09.2023 ALONG WITH WPC 14847/2016, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) Nos.6007 & 14847 of 2016

                                     -3-



            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
         THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI
                                      &
               THE HONOURABLE MR.JUSTICE V.G.ARUN
 WEDNESDAY, THE 13TH DAY OF SEPTEMBER 2023 / 22ND BHADRA,
                                    1945
                      WP(C) NO. 14847 OF 2016


PETITIONER/S:
         JYOTHISH V.R.AGED 46 YEARSAGED 46, S/O.LATE
         RAMAKRISHNAN, VAKKATH HOUSE, NEAR ETTUKULAM,
         AYYANTHOLE, THRISSUR-610 003.
         BY ADVS.
         SRI.SAIBY JOSE KIDANGOOR
         SRI.BENNY ANTONY PAREL
         SRI.MATHEWS RAJU
         SRI.P.M.MOHAMMED SALIH
         SMT.S.SIBHA

RESPONDENT/S:

     1      MINISTRY OF HOME AFFAIRSREPRESENTED BY THE
            SECRETARY, GOVERNMENT OF INDIA, NEW DELHI-110
            001.

     2      GOVERNMENT OF KERALAREPRESENTED BY THE CHIEF
            SECRETARY, GOVERNMENT SECRETARIAT,
            THIRUVANANTHAPURAM-695 001.

     3      MR.SUNDAR ADITHYA MENONS/O. MCS MENON, SWATHI,
            DIWAN NARAYANA MENON ROAD, CHEMBUKKAVU,
            THRISSUR-680 001.

            BY ADVS.
            ASSISTANT SOLICITOR GENERAL
            GOVERNMENT PLEADER
 W.P.(C) Nos.6007 & 14847 of 2016

                                   -4-


             SRI.M.PREMCHAND
             SRI.S.SREEKUMAR (SR.)
             SMT.C.G.PREETHA, CGC
             MANU S., ASG OF INDIA
      THIS    WRIT    PETITION     (CIVIL)   HAVING   COME   UP   FOR
ADMISSION ON 13.09.2023, ALONG WITH WPC 6607/2016, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) Nos.6007 & 14847 of 2016

                                       -5-



                               JUDGMENT

Dated this the 13th day of September, 2023

A.J.Desai, C.J.

By way of the present petitions in the nature

of public interest, the following prayers have

been made;

W.P.(C) No.6007 of 2016

"i) To call for the records leading to the proposed grant of Padma Sree to the 3rd respondent which appears to have been decided by the 1st respondent without any application of mind and without examining the relevant issues and quash the same by the issuance of a Writ of Certiorari or any other appropriate writ, order or direction.

ii) To declare that the conferment of such a distinction on the 3rd respondent is wholly illegal, contrary to the principles and proceedings followed in the grant of national awards to eminent citizens of the country and declare that the choice of the 3rd respondent is wholly unconstitutional, W.P.(C) Nos.6007 & 14847 of 2016

illegal and void.

               (ii-a)         To            declare              that        the
        conferment       of        the          award          on     the    3rd
        respondent       on      the        28th      of       March,       2016
        based    on    the       illegal           recommendation            is
        wholly          void,                inoperative                    and
        unenforceable            and    will          not       confer      any
        rights on the 3rd              respondent.

(ii-b) To issue a Writ of Mandamus directing the 1st respondent to recall the conferment of Padmasree on the 3rd respondent as he is wholly ineligible and thoroughly disqualified to be conferred such a distinction on account of involvement in more than one Criminal Cases, which have not been noticed before deciding to give the award to him".

iii) To issue a Writ of Mandamus forbearing respondents 1 and 2 from granting the award 'Padma Sree' to the 3rd respondent through the Rashtrapathi on any day to be fixed by the 1 st respondent."

W.P.(C) No.14847 of 2016

"i. Issuance of a writ of certiorari or any other appropriate writ, order or direction to call for the records leading to the conferring of Padma Sree to the 3rd respondent and W.P.(C) Nos.6007 & 14847 of 2016

quash the same mainly on the ground that the said decision is taken by the 1st respondent without going through the relevant issues related to the matter which disqualify the 3rd respondent from conferring one of the highest civilian award of the country- Padma Sree.

ii. To declare that the conferment of such a prestigious award on the 3 rd respondent is highly illegal, contrary to the principles and procedure to be followed in granting prestigious national awards like Padma Sree to eminent citizens of the country and declare that the choice of the 3rd respondent is unconstitutional, illegal and void."

We do not find any reason to entertain these

writ petitions, whatsoever, particularly which we

do not find any involvement of interest of public

at large. However, it is open for the petitioners

to make a request before the concerned authority

to cancel or annul the award 'Padma Sree' granted

to the 3rd respondent.

Writ petitions are hence dismissed. It is W.P.(C) Nos.6007 & 14847 of 2016

made clear that we do not examine the merit and

demerits of both these writ petitions.

Sd/-

A.J.Desai Chief Justice

sd/-

V.G.Arun Judge Scl/ W.P.(C) Nos.6007 & 14847 of 2016

APPENDIX OF WP(C) 6007/2016 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF FIRST INFORMATION REPORT IN CRIME 321 OF 2016 OF THE THRISSUR EAST POLICE STATION EXHIBIT P2 TRUE COPY OF MEMORANDUM DATED 01.02.2016 SUBMITTED BY THE PETITIONER BEFORE R1.

RESPONDENT EXHIBITS EXHIBIT R1(a) TRUE PHOTOCOPY OF THE REPRINT OF NOTIFICATION NOS.1-PRESS/55, 2- PRESS./55.,3-PRESS./55 AN 4-PRESS./55 DATED 8.1.1955, AS AMENDED UP TO 1.1.1969 Exhibit R1(b) TRUE COPY OF THE CITATION NO.670 EXHIBIT R4(A) A TRUE COPY OF THE NOTICE ISSUED BY THE SUPERINTENDENT ADJUDICATION CELL (AP) BOMBAY DATED 19.7.1994 EXHIBIT R4(B) A TRUE COPY OF THE COMPLAINT FILED BY ONE SUCH EMPLOYEE AGAINST THE 3RD RESPONDENT BEFORE THE CHIEF EXECUTIVE OFFICER NORKA ROOTS DATED 26.1.2016 EXHIBIT R3(a) TRUE COPY OF CONTRACT OF SALE AND SHARE AGREEMENT EXECUTED BETWEEN THE 3RD RESPONDENT AND ONE SRI.C.K.MENON DURING

EXHIBIT R3(b) TRUE COPY OF ASSIGNMENT OF SHARES EXECUTED BETWEEN THE 3RD RESPONDENT AND ONE SRI.C.K.MENON EXHIBIT R3(c) TRUE COPY OF THE TRUST DEED DATED 10.8.2011 OF SUN CHARITABLE TRUST EXHIBIT R3(d) TRUE COPY OF DOCTORATE CERTIFICATE OF THE 3RD RESPONDENT EXHIBIT R3(e) TRUE COPY OF THE ILLUSTRATION LIST OF THE FIELDS PUBLISHED BY THE IN THE WEBSITE OF MINISTRY OF HOME AFFAIRS EXHIBIT R3(f) TRUE COPY OF THE LIST OF THE SEARCH COMMITTEE FOR 2015 PUBLISHED IN THE WEBSITE OF MINISTRY OF HOME AFFAIRS EXHIBIT R3(g) TRUE COPY OF THE LIST OF THE PADMA AWARDS COMMITTEE FOR 2015 PUBLISHED IN THE WEBSITE OF MINISTRY OF HOME AFFAIRS W.P.(C) Nos.6007 & 14847 of 2016

EXHIBIT R3(h) TRUE COPY OF THE LIST OF THE SEARCH COMMITTEE FOR 2015 PUBLISHED IN THE WEBSITE OF MINISTRY OF HOME AFFAIRS EXHIBIT R3(i) TRUE COPY OF THE PRESS NOTE DATED 25.1.2016 PUBLISHED BY MINISTRY OF HOME AFFAIRS EXHIBIT R3(j) TRUE COPY OF THE NEWS REPORT PUBLISHED IN NEW SUNDAY EXPRESS DATED 10.1.2016 EXHIBIT R3(k) TRUE COPY OF THE PETITION DATED 18.1.2016 OD DISTRICT POLICE CHIEF EXHIBIT R3(l) TRUE COPY OF THE FIR IN CRIME NO.321/2016 EXHIBIT R3(m) TRUE COPY OF THE APPLICATION FOR CERTIFIED COPY OF THE COMPLAINT DATED 25.2.2016 SUBMITTED BEFORE THE CJM COURT, THRISSUR EXHIBIT R3(n) TRUE COPY OF THE ORDER REJECTING THE APPLICATION FOR CERTIFIED COPY OF THE COMPLAINT PETITIONER EXHIBITS EXHIBIT P3 TRUE COPY OF COMMUNICATION DATED 12.2.2016 SENT BY THE MINISTRY OF HOME AFFAIRS, GOVT. OF INDIA TO THE SUIVIDUT EXHIBIT P4 TRUE COPY OF COMMUNICATION DATED 26.1.2016 BY NORKA EXHIBIT P5 TRUE COPY OF COMMUNICATION DATED 26.1.2016 BY NORKA EXHIBIT P6 TRUE COPY OF LETTER DATED 18.2.2016 SENT BY ONE NARAYANANKUTTY PERUMBIDI TO THE PETITIONER EXHIBIT P7 TRUE COPY OF LETTER DATED 12.11.2015 BY ONE DHEERAN VATTEKATT KUMARAN EXHIBIT P8 TRUE COPY OF THE NOTICE DATED 19.7.1994 ADDRESSED TO THE 3RD RESPONDENT BY THE SUPDT. ADJUDICATION CELL (AP) BOMBAY RESPONDENT EXHIBITS ANNEXURE R1(A) TRUE PHOTOCOPY OF THE REPORT OF THE HIGH LEVEL COMMITTEE EXHIBIT R5(a) TRUE COPIES OF THE MEDIA PUBLICATIONS DATED 16.8.2013 IN THE NEW YORK TIMES EXHIBIT R5(b) TRUE COPIES OF THE MEDIA PUBLICATIONS DATED 21.8.2013 IN ASIAN AGE W.P.(C) Nos.6007 & 14847 of 2016

EXHIBIT R5(c) TRUE COPIES OF THE MEDIA PUBLICATIONS DATED 25.8.2013 IN DECCAN CHRONICLE PETITIONER EXHIBITS EXHIBIT P9 TRUE COPY OF PETITION DATED 18.3.2016 SUBMITTED BY ONE JAYASANKAR RAJAGOPAL BEFORE THE HON'BLE PRESIDENT OF INDIA EXHIBIT P10 TRUE COPY OF LETTER DATED 19.3.2016 SENT BY THE NORK ROOTS EXHIBIT P11 TRUE COPY OF PETITION DATED 12.3.2016 SUBMITTED BY ONE THADATHIL SULOCHANA RESPONDENT EXHIBITS EXHIBIT R5(d) TRUE COPY OF THE INFORMATION ABOUT EUROPEAN CONTINENTAL UNIVERSITY AS OBTAINED FROM THE WEBSITE OF THE SAME EXHIBIT R5(e) TRUE COPIES OF THE WEBSITE PORTRAYING THE 3RD RESPONDENT AS A PADMA SHRI AWARDEE EXHIBIT R5(f) TRUE COPIES OF THE SCREENSHOT FROM THE VIDEO OF THE INTERVIEW GIVEN TO TCV CHANNEL BY THE 3RD RESPONDENT EXHIBIT R5(g) TRUE COPIES OF THE REGISTRATION PARTICULARS OF KL-08-AS-9999 EXHIBIT R5(h) TRUE COPIES OF THE REGISTRATION PARTICULARS OF KL-08-BE-9999 EXHIBIT R5(i) TRUE COPIES OF THE REGISTRATION PARTICULARS OF KL-08-AV-9999 EXHIBIT R5(J) TRUE COPY OF THE REPLY TO RIGHT OT INFORMATION ACT RECEIVED FROM THE CONSEVATOR OF FORESTS PORTRAYING THE OWNERSHIP DETAILS OF ADIYAT AYYAPPAN (OWNER T.A.SUNDER MENON).

EXHIBIT R5(K) TRUE COPY OF THE SCREENSHOT FROM THE WEBSITE OF HEEWAN FINANCE(www.heewanfinance.com)

PETITIONER'S EXHIBITS

Exhibit P12 TRUE COPY OF PROCEEDINGS NO. ID TYPE/NUMBER:QID NO. 26235600911 ISSUED BY THE SUPREME JUDICIARY COUNCIL OF THE STATE OF QATAR Exhibit P13 TRUE COPY OF APPLICATION DATED W.P.(C) Nos.6007 & 14847 of 2016

04..05..2023 TO THE HON'BLE MINISTER FOR HOME AFFAIRS, GOVERNMENT OF INDIA, NEW DELHI TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO.321/2016 OF THE THRISSUR EAST POLICE STATION ALONG WITH ENGLISH TRANSLATION W.P.(C) Nos.6007 & 14847 of 2016

APPENDIX OF WP(C) 14847/2016 PETITIONER EXHIBITS EXT.P1: A TRUE A COPY OF THE ONE OF THE FIR NO.321 OF 2016 REGISTERED AGAINST THE 3RD RESPONDENT.