Kerala High Court
V.M.Janardhanan vs State Of Kerala on 6 February, 2024
Author: K. Babu
Bench: K. Babu
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K. BABU
TUESDAY, THE 6TH DAY OF FEBRUARY 2024 / 17TH MAGHA, 1945
WP(C) NO. 3037 OF 2024
PETITIONER:
V.M.JANARDHANAN
AGED 66 YEARS
S/O MADHAVAN, RESIDING AT VIRUTHIKKATTIL HOUSE, NEELOOR
P.O, KOTTAYAM DSITRICT, PIN - 686651
BY ADV SERGI JOSEPH THOMAS
RESPONDENTS:
1 STATE OF KERALA
VIGILANCE DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 682031
2 THE DIRECTOR
VIGILANCE AND ANTI-CORRUPTION BUREAU, VIKAS BHAVAN P.O,
THIRUVANANTHAPURAM, PIN - 695033
3 THE DEPUTY SUPERINTENDENT OF POLICE
VIGILANCE AND ANTI-CORRUPTION BUREAU, EASTERN RANGE,
COLLECTORATE P.O, KOTTAYAM., PIN - 686002
4 NEELLOR KSHEEROLPADHAKA CO-OPERATIVE SOCIETY LIMITED
NO. 40(D)REPRESENTED BY ITS SECRETARY
APCOS, NEELOOR P.O, KOTTAYAM-, PIN - 686651
5 THE SECRETARY
NEELLOR KSHEEROLPADHAKA CO-OPERATIVE SOCIETY LIMITED
NO. 40(D), APCOS, NEELOOR P.O, KOTTAYAM., PIN - 686651
6 MANOJ MATHEW
AGED 48 YEARS
S/O MATHEW P.M, RESIDING AT AARAKKATTU HOUSE, KURUMANNU
P.O, KOTTATAYAM., PIN - 686651
OTHER PRESENT:
RAJESH A,SPL GP VIG,REKHA SR PP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 3037 OF 2024
2
K.BABU, J.
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W.P (C) No.3037 of 2024
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Dated this the 6th day of February, 2024
JUDGMENT
The prayers in this W.P (C) are as follows:-
" i. Issue a writ of mandamus or any other
appropriate writ, order or direction, commanding
respondents 2 and 3 to conduct an exhaustive
investigation into the allegations of corruption
contained in Exhibit P1 complaint and to adopt
necessary action against the persons responsible for
corruption in the 4th respondent society.
ii. Issue a writ of mandamus or any other
appropriate writ, direction or order commanding
respondents 2 and 3 to serve on the petitioner a
copy of the action taken report relating to the
allegations of corruption contained in Exhibit P1
complaint.
iii. Grant such other writs or directions which this
Hon.Court deems fit proper and equitable in the
facts of this case.
iv. Exempt the petitioner from producing the
English translations of Exhibits in Malayalam
produced herein, until it is directed so.
v. And allow the Writ petition with costs to the
petitioner" (SIC)
2. Heard the learned counsel for the petitioner and
WP(C) NO. 3037 OF 2024
the learned Special Government Pleader (Vigilance).
3. The petitioner alleges corruption in the
functioning of Neeloor Ksheerolpadhaka Co-operative
Society Ltd. The petitioner has filed Ext.P1 complaint
before respondent No.2, the Director, Vigilance and Anti
Corruption Bureau.
4. The learned Special Government Pleader
submitted that the Director, VACB has forwarded a copy of
Ext.P1 complaint to the Additional Chief Secretary,
Vigilance, for further action.
5. It is further submitted that the Additional Chief
Secretary has forwarded the complaint to the Dairy
Development Department for further action. Ext.P1
complaint alleges offences under the Prevention of
Corruption Act. The learned Special Government Pleader
submitted that approval under Section 17A by the
competent authority is required for conducting preliminary
enquiry on Ext.P1.
WP(C) NO. 3037 OF 2024
Therefore, the Director, Vigilance and Anti Corruption
Bureau is directed to consider Ext.P1 in accordance with
law. The petitioner is at liberty to approach this court, if he
is advised so.
Sd/-
K.BABU,
saap JUDGE
WP(C) NO. 3037 OF 2024
APPENDIX OF WP(C) 3037/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE COMPLAINT DATED
31/07/2023 SENT BY THE PETITIONER TO THE
2ND RESPONDENT
Exhibit P2 TRUE COPY OF THE ACKNOWLEDGEMENT CARD
SIGNED BY THE 2ND RESPONDENT
Exhibit P3 TRUE COPY OF THE ACKNOWLEDGEMENT CARD
SIGNED BY THE 3RD RESPONDENT
Exhibit P4 TRUE COPY OF THE LETTER NO.VIG-
B2/295/2023-VIGI. DATED 22/08/2023 SENT BY
THE 1ST RESPONDENT
//True copy//PA to Judge
