Kerala High Court
P.S. Aziz vs State Of Kerala on 1 February, 2024
Author: K. Babu
Bench: K. Babu
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K. BABU
THURSDAY, THE 1ST DAY OF FEBRUARY 2024 / 12TH MAGHA, 1945
WP(C) NO. 43375 OF 2023
PETITIONER:
P.S. AZIZ,
AGED 50 YEARS
S/O SYED MOHAMMED P.A., PUZHUPARAMBIL, THIRUVARPU
P.O.,KOTTAYAM DISTRICT, PIN - 686020
BY ADV U.R.HARSHAKUMAR
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE CHIEF SECRETARY, THE GOVERNMENT
SECRETARIAT , THIRUVANANTHAPURAM, PIN - 695001
2 THE PRINCIPAL SECRETARY,
DEPARTMENT OF AGRICULTURAL DEVELOPMENT & FARMERS
WELFARE, GOVERNMENT SECRETARIATE THIRUVANANTHAPURAM,,
PIN - 695001
3 PADDY PRODUCERS SOCIETY,
REPRESENTED BY ITS SECRETARY NEELAMPEROOR L-BLOCK KAYAL
PADASHEKHARAM, KUNNUMMA VILLAGE, ALAPPUZHA DISTRICT,
PIN - 686534
OTHER PRESENT:
rajesh a,spl gp vig,rekha sr pp
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 43375 OF 2023
2
K.BABU, J.
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WP(C).No.43375 of 2023
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Dated this the 1st day of February, 2024
JUDGMENT
The prayers in this Writ Petition are as follows:-
"(i) To issue a writ of mandamus, order or direction,
directing the 1st respondent to consider and pass orders on
Exhibit P4 application submitted by the petitioner within a
time frame as fixed by this Hon'ble Court.
(ii) To issue such other writ, order or direction which this
Hon'ble Court may deem fit to grant in the facts and
circumstances of the case.
(iii) To allow the costs of the proceedings".
2. The petitioner filed a complaint before the Court of
Enuiry Commissiner and Special Judge (Vigilance), Kottayam,
as Crl.M.P.No.380 of 2023. On the complaint, the learned
special Judge passed the following order:
"Complainant present. The averments in the complaint are
against Agricultural officers Padasekhara Samithy etc. Hence
approval U/s 17(A) of the PC Act is necessary for further
proceeding in this matter. Produce approval U/s 17(A) of PC
Act.27/06/2023".
3. Thereafter, the petitioner filed an application seeking
approval under Section 17-A of the PC Act before the
competent authority. The application is marked as Ext.P4.
WP(C) NO. 43375 OF 2023
4. Heard the learned counsel for the petitioner and the
learned Public Prosecutor.
5. The learned counsel for the petitioner seeks a
direction to the competent authority in the Government to
consider and pass orders in Ext.P4.
Having regard to the materials placed before the court,
the competent authority is directed to consider and pass
appropriate orders on Ext.P4 in accordance with law, as
expeditiously as possible.
Sd/-
K.BABU,
JUDGE
saap
WP(C) NO. 43375 OF 2023
APPENDIX OF WP(C) 43375/2023
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE RELEVANT EXTRACTS OF THE
MEMORANDUM OF ASSOCIATION OF THE PADDY
PRODUCES SOCIETY, NEELAMPEROOR, L- BLOCK
KAYAL PADASHEKHARAM
Exhibit P2 TRUE COPY OF THE CRIMINAL MISCELLANEOUS
PETITION (CMP )NO. 380 /2023 FILED BY THE
PETITIONER BEFORE THE COURT OF ENQUIRY
COMMISSION AND THE SPECIAL JUDGE
(VIGILANCE) KOTTAYAM
Exhibit P3 TRUE COPY OF THE ORDER DATED 09-05-2023 IN
CRIMINAL MISCELLANEOUS PETITION
NO.380/2023 ON THE FILE OF THE COURT OF
ENQUIRY COMMISSIONER AND THE SPECIAL JUDGE
(KOTTAYAM)
Exhibit P4 TRUE COPY OF THE APPLICATION DTD.13-06-
2023 SUBMITTED BEFORE THE 1ST RESPONDENT
Exhibit P5 TRUE COPY OF THE POSTAL ACKNOWLEDGMENT
RECEIPT DTD.15-06-2023 EVIDENCING THE
RECEIPT OF EXHIBIT P4 COMPLAINT BY THE
OFFICE OF THE 2ND RESPONDENT
//True copy//PA to Judge
