Rishadali A.P vs The Director
2024 Latest Caselaw 5998 Ker

Kerala High Court

Rishadali A.P vs The Director on 23 February, 2024

Author: K. Babu

Bench: K. Babu

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                  THE HONOURABLE MR.JUSTICE K. BABU
FRIDAY, THE 23RD DAY OF FEBRUARY 2024 / 4TH PHALGUNA, 1945
                        WP(C) NO. 7151 OF 2024
PETITIONER:

    1          RISHADALI A.P,
               AGED 37 YEARS,
               S/O. MUHAMMED A.P., ADAVAMPURATH HOUSE,
               MULLAMPARA, NEELIPARAMBU MANJERI P.O.,
               MALAPPURAM, PIN - 676121
    2          SARATH CHANDRAN T.C,
               AGED 32 YEARS,
               S/O. RAMACHANDRAN T.C, CHANDRALAYAM HOUSE,
               ARUKIZHIYA, MANJERI P.O.,
               MALAPPURAM, PIN - 676121
               BY ADVS.
               N.ANAND
               RAJESH O.N.
               ROY ANTONY


RESPONDENTS:

    1          THE DIRECTOR,
               VIGILANCE AND ANTI-CORRUPTION BUREAU PMG,
               VIKAS BHAVAN P.O., OPP. KSRTC DIPO,
               THIRUVANANTHAPURAM, PIN - 695001
    2          THE POLICE SUPERINTENDENT,
               VIGILANCE AND ANTI-CORRUPTION BUREAU,
               NORTHERN DIVISION, THONDAYADU P.O.,
               KOZHIKODE, PIN - 673016
    3          THE DYSP,
               VIGILANCE AND ANTI-CORRUPTION BUREAU,
               MALAPPURAM UNIT, KOTTAPADY, DOWN HILL,
               MALAPPURAM, PIN - 676519


               BY ADV.
               SRI.RAJESH.A,SPL GOVERNMENT PLEADER (VIGILANCE),
               SMT.REKHA SENIOR PUBLIC PROSECUTOR


        THIS    WRIT   PETITION     (CIVIL)    HAVING    COME    UP    FOR
ADMISSION       ON   23.02.2024,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P(Crl).No.7151 of 2024
                                           2

                                     K.BABU, J.
                      --------------------------------------
                               W.P(C).No.7151 of 2024
                     ---------------------------------------
                      Dated this the 23rd day of February, 2024
                                     JUDGMENT

The prayers in this Writ Petition (Civil) filed under Article 226

of the Constitution of India are as follows:

"(i) Issue a writ of mandamus or any other appropriate writ, order or direction directing respondents 1 to 3 to investigate Ext. P5 complaint within such time as this Hon'ble Court may deem fit in the facts and circumstances of the case.

(ii) Dispense with the need of producing Englishtranslated copies of documents in vernacular

(iii) To grant such other relief's as this Honourable Court may deem fit in the circumstances of this case."

2. Heard both sides.

3. In Ext.P5 complaint, the petitioners allege corruption in the

proposal to purchase a private property for the construction of a

Government School. The petitioners submitted the complaint

before respondent No.3. The petitioners further submit that the

action proposed is against Ext.P4 report submitted by the

competent authority in the local authority.

4. The learned Special Public Prosecutor submitted that

respondent No.3 will look into the allegations in Ext.P5 and take a

decision in a time bound manner.

The Writ Petition (C) is disposed of directing respondent No.3

to take a decision in Ext.P5 within one month from this day.

Sd/-

K.BABU, JUDGE KAS

APPENDIX OF WP(C) 7151/2024

PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE IDENTITY CARD BELONGING TO THE 1ST PETITIONER'S DAUGHTER ISHAL Exhibit P1(a) A TRUE COPY OF THE IDENTITY CARD BELONGING TO THE 2ND PETITIONER'S DAUGHTER AISHANI AYRAH Exhibit P2 A TRUE COPY OF THE ORDER DATED 05.04.1997 ISSUED BY THE GOVERNMENT OF KERALA IN GO(P) NO. 18/97/VIG Exhibit P3 PHOTOGRAPHS OF THE PROPERTY Exhibit P4 A TRUE COPY OF THE INSPECTION REPORT DATED NIL OF THE MUNICIPAL ENGINEER Exhibit P5 A TRUE COPY OF THE COMPLAINT DATED 13.02.2024 PREFERRED BY THE PETITIONER NO.1 BEFORE RESPONDENT NO.3 Exhibit P6 A TRUE COPY OF THE TRACKING REPORT OF EXT. P5 REPRESENTATION Exhibit P7 A TRUE COPY OF THE EMAIL DATED 15.02.2024 ISSUED BY THE PETITIONER NO.1 TO RESPONDENT NO.3