Kerala High Court
Somasekharan Nair vs Joy Kaitharath on 22 November, 2024
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque
W.P.(C)Nos.2728 of 2015,
2729 of 2015, 3803 of 2015 & 19038 of 2015 1
2024:KER:87956
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR
FRIDAY, THE 22ND DAY OF NOVEMBER 2024 / 1ST AGRAHAYANA, 1946
WP(C) NO. 2728 OF 2015
PETITIONER :
SHEEBA GEORGE
AGED 40 YEARS
DEPUTY COLLECTOR AND ADMINISTRATIVE
OFFICER,INSTITUTE OF LAND AND DISASTER
MANAGEMENT,P.T.P.NAGAR,
THIRUVANANTHAPURAM - 695 038,
RESIDING AT LOVELY NEST,
BODHI LANE,
AMBALAMUKKU P.OPEROORKKADA,
THIRUVANANTHAPURAM.
BY ADVS.
SRI.DEEPU LAL MOHAN
SMT.S.LEENA
SRI.K.S.PRENJITH KUMAR
RESPONDENTS:
1 THE KERALA LOK AYUKTA
REPRESENTED BY ITS REGISTRAR,
KERALA LEGISLATURE COMPLEX,
THIRUVANANTHAPURAM - 695 001.
2 JOY KAITHARATHU
S/O.ANTONY, GENERAL SECRETARY,
STATE HUMANRIGHTS PROTECTION CENTRE,
VELIKULANGARA P.O.
THRISSUR - 680 699.
W.P.(C)Nos.2728 of 2015,
2729 of 2015, 3803 of 2015 & 19038 of 2015 2
2024:KER:87956
3 THE ADDITIONAL DIRECTOR GENERAL OF POLICE
VIGILANCE AND ANTI CORRUPTION BUREAU,
(INVESTIGATION TEAM LEADER),
OFFICE OF THE VIGILANCE AND ANTI CORRUPTION
BUREAU,THIRUVANANTHAPURAM - 695 033.
4 STATE OF KERALA
REPRESENTED BY THE CHIEF SECRETARY,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM695 001.
5 E.K.BHARAT BHUSHAN I.A.S.
CHIEF SECRETARY TO GOVERNMENT OF KERALA,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM695 001.
6 SATHYAJITH RAJ I.A.S.
PRINCIPAL SECRETARY,
REVENUE DEPARTMENT, GOVERNMENT OF KERALA,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
7 T.V.VIJAYAKUMAR
ADDITIONAL SECRETARY, DEPARTMENT OF
REVENUE,GOVERNMENT OF KERALA,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
8 M.C.MOHANDAS
COMMISSIONER OF LAND REVENUE,
PUBLIC OFFICES,PALAYAM,
THIRUVANANTHAPURAM - 695 034.
9 ASHOK KUMAR SINGH I..A.S.
MANAGING DIRECTOR,
KERALA WATER AUTHORITY, HEAD OFFICE,
VELLAYAMBALAM, THIRUVANANTHAPURAM695 033.
10 VENKIDESHAPATHY S, I.A.S.
SECRETARY, THIRUVANANTHAPURAM CORPORATION,
CORPORATION OFFICE,
THIRUVANANTHAPURAM695 001.
W.P.(C)Nos.2728 of 2015,
2729 of 2015, 3803 of 2015 & 19038 of 2015 3
2024:KER:87956
11 EAPEN VARGHESE
FORMER CHIEF TOWN PLANNER,
LOCAL SELF GOVERNMENTDEPARTMENT,
NEST BUILDINGS,
VIKAS BHAVAN P.OPALAYAM,
THIRUVANANTHAPURAM - 695 034.
12 NIVEDITHA P. HARAN I.A.S.
FORMER PRINCIPAL SECRETARY,
REVENUE DEPARTMENT,
GOVERNMENT OF KERALA,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
13 KAUL SANJAY MULCHAND I.A.S.
FORMER DISTRICT COLLECTOR,
THIRUVANANTHAPURAMDISTRICT,
COLLECTORATE, THIRUVANANTHAPURAMNOW,
COMMISSIONER OF TOURISM,
GOVERNMENT OF GUJARAT,
AHMEDABAD, GUJARAT STATE.
14 JAYESH SONAJI
M/S.AAVRITHIMAL MANAGEMENT COMPANY LIMITED,
JAI CHAMBER, 3RD FLOOR,
SERVICE ROAD,
VILAPARLE, MUMBAI - 400 057
MAHARASHTRA, INDIA.
15 T.S.ASHOK
MANAGING DIRECTOR,
ARTECH REALTERS,TAJ VIVANTA,
THYCAUD P.O.,
THIRUVANANTHAPURAM695 014.
BY ADVS.
SRI.A.JANI(KOLLAM)
SMT.R.ANUPAMA
SRI.P.K.BABU
SRI.M.MOHAMED NAVAZ
SRI.P.MARTIN JOSE
SRI.N.NANDAKUMARA MENON SR.
SRI.P.PRIJITH
SRI.T.P.SAJAN
SRI.P.SANTHOSH KUMAR TR
SRI.S.SREEKUMAR SR.
SRI.C.M.SURESH BABU
SMT.RENU. D.P., SC, LOK AYUKTA
W.P.(C)Nos.2728 of 2015,
2729 of 2015, 3803 of 2015 & 19038 of 2015 4
2024:KER:87956
SRI.THOMAS P.KURUVILLA
SUMAN CHAKRAVARTHY
BY SMT.NISHA BOSE, SR.GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
22.11.2024, ALONG WITH WP(C)NOS.2729/2015, 3803/2015 AND
19038/2015, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C)Nos.2728 of 2015,
2729 of 2015, 3803 of 2015 & 19038 of 2015 5
2024:KER:87956
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR
FRIDAY, THE 22ND DAY OF NOVEMBER 2024 / 1ST AGRAHAYANA, 1946
WP(C) NO. 2729 OF 2015
PETITIONER :
BIJU PRABHAKAR, IAS,
AGED 48 YEARS,
S/O THACHADI PRABHAKARAN,
DISTRICT COLLECTOR,
THIRUVANANTHAPURAM,
RESIDING AT: THACHADIYIL HOUSE,
THIRUMALA P.O., THIRUVANANTHAPURAM-695006.
BY ADVS.
SRI.K.JAJU BABU (SR.)
SRI.BRIJESH MOHAN
SMT.M.U.VIJAYALAKSHMI
RESPONDENTS:
1 SRI.JOY KAITHARATH
S/O.ANTONY,
GENERAL SECRETARY,
STATE HUMAN RIGHTS PROTECTION CENTRE,
REG.NO.389/2003,
VELLIKULANGARA PO,
THRISSUR-680699.
2 SRI.E.K.BHARAT BHUSHAN, I.A.S
CHIEF SECRETARY,
GOVERNMENT OF KERALA, SECRETARIAT,
UNIVERSITY.P.O,
THIRUVANANTHAPURAM-695001.
W.P.(C)Nos.2728 of 2015,
2729 of 2015, 3803 of 2015 & 19038 of 2015 6
2024:KER:87956
3 SRI.SATHYAJITH RAJAN, I.A.S.,
PRINCIPAL SECRETARY,
REVENUE DEPARTMENT,
GOVERNMENT OF KERALA,
SECRETARIAT,
THIRUVANANTHAPURAM-695001.
4 SRI.T.V.VIJAYAKUMAR
ADDITIONAL SECRETARY,
REVENUE DEPARTMENT,
GOVERNMENT OF KERALA,
SECRETARIAT,
THIRUVANANTHAPURAM-695001.
5 SRI.M.C.MOHANDAS
COMMISSIONER OF LAND REVENUE,
PUBLIC OFFICE, PALAYAM,
THIRUVANANTHAPURAM-695034.
6 SRI.ASHOK KUMAR SINGH, I.A.S,
MANAGING DIRECTOR,
KERALA WATER AUTHORITY,
HEAD OFFICE AT VELLAYAMBALAM,
THIRUVANANTHAPURAM-695001.
7 VENKIDESHAPATHY.S, I.A.S.
SECRETARY,
THIRUVANANTHAPURAM CORPORATION,
CORPORATION OFFICE BUILDING,
THIRUVANANTHAPURAM-695001.
8 EAPEN VARGHESE
FORMER CHIEF TOWN PLANNER,
LOCAL SELF GOVERNMENT,
NEST BUILDING,
VIKAS BHAVAN PO, PALAYAM,
THIRUVANANTHAPURAM-695034.
9 NIVEDITHA P.HARAN, I.A.S
FORMER PRINCIPAL SECRETARY,
REVENUE DEPARTMENT,
GOVERNMENT OF KERALA,
W.P.(C)Nos.2728 of 2015,
2729 of 2015, 3803 of 2015 & 19038 of 2015 7
2024:KER:87956
NOW PRINCIPAL SECRETARY,
HOME DEPARTMENT,
GOVERNMENT OF KERALA,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695001.
10 SANJAY MULCHAND KAUL, I.A.S
FORMER DISTRICT COLLECTOR,
THIRUVANANTHAPURAM,
NOW COMMISSIONER OF TOURISM,
GOVERNMENT OF GUJARAT,
AHAMEDABAD, GUJARAT STATE.
11 SRI.JAYESH SANOJI
M/S.AAVRITHIMAL MANAGEMENT COMPANY LIMITED,
JAI CHAMBER, 3RD FLOOR,
SERVICE ROAD, VILAPARIE,
MUMBAI-400057,
MAHARASHTRA, INDIA.
12 SRI.T.S.ASOK
MANAGING DIRECTOR,
ARTECH REALTERS,
TAJ VIVANTA, THYCAUD.P.O,
THIRUVANANTHAPURAM-695014.
13 KERALA LOK AYUKTA
LEGISLATIVE COMPLEX,
VIKAS BHAVAN,
THIRUVANANTHAPURAM-695033,
REPRESENTED BY ITS REGISTRAR.
14 STATE OF KERALA
REPRESENTED BY ITS CHIEF SECRETATY TO
GOVERNMENT OF KERALA,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695001.
BY ADVS.
SRI.ANIL R.NATH
SRI.ANEESH JAMES
SMT.R.ANUPAMA
SRI.P.K.BABU
SRI.K.C.ELDHO
W.P.(C)Nos.2728 of 2015,
2729 of 2015, 3803 of 2015 & 19038 of 2015 8
2024:KER:87956
SRI.JIJO THOMAS
SRI.A.JANIKOLLAM
SRI.M.MOHAMED NAVAZ
SRI.P.MARTIN JOSE
SRI.MALLENATHAN.M.
SRI.N.NANDAKUMARA MENON SR.
SRI.K.B.PRADEEP
SRI.P.PRIJITH
SRI.T.P.SAJAN
SRI.P.SANTHOSH KUMAR TR
SRI.S.SREEKUMAR SR.
SRI.C.M.SURESH BABU
SRI.THOMAS P.KURUVILLA
SUMAN CHAKRAVARTHY
BY SMT.NISHA BOSE, SR.GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
22.11.2024, ALONG WITH WP(C)NOS.2728/2015, 3803/2015 AND
19038/2015, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C)Nos.2728 of 2015,
2729 of 2015, 3803 of 2015 & 19038 of 2015 9
2024:KER:87956
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR
FRIDAY, THE 22ND DAY OF NOVEMBER 2024 / 1ST AGRAHAYANA, 1946
WP(C) NO.3803 OF 2015
PETITIONER :
N.MAHESH
ARCHITECT & VALUERS,
M/S.IYER & MAHESH,
TC.15/1989(9),
NARAYANA TOWERS,
VAZHUTHACAUD, THYCAUD.P.O,
THIRUVANANTHAPURAM-695014.
BY ADVS.
SRI.K.JAJU BABU (SR.)
SRI.BRIJESH MOHAN
SMT.M.U.VIJAYALAKSHMI
RESPONDENTS:
1 SRI.JOY KAITHARATH
S/O ANTONY, GENERAL SECRETARY,
STATE HUMAN RIGHTS PROTECTION CENTRE,
REG.NO.389/2003,
VELLIKULANGARA.P.O,
THRISSUR-680699.
2 SRI.E.K.BHARAT BHUSHAN, I.A.S
CHIEF SECRETARY,
GOVERNMENT OF KERALA SECRETARIAT,
UNIVERSITY P.O.,
THIRUVANANTHAPURAM-695001.
W.P.(C)Nos.2728 of 2015,
2729 of 2015, 3803 of 2015 & 19038 of 2015 10
2024:KER:87956
3 SRI.SATHYAJITH RAJAN, I.A.S
PRINCIPAL SECRETARY,
REVENUE DEPARTMENT,
GOVERNMENT OF KERALA SECRETARIAT,
UNIVERSITY.P.O,
THIRUVANANTHAPURAM-695001.
4 SRI.T.V.VIJAYAKUMAR
ADDITIONAL SECRETARY,
REVENUE DEPARTMENT,
GOVERNMENT OF KERALA SECRETARIAT,
THIRUVANANTHAPURAM-695001.
5 SRI.M.C.MOHANDAS
COMMISSIONER OF LAND REVENUE,
PUBLIC OFFICE, PALAYAM,
THIRUVANANTHAPURAM-695034.
6 SRI.ASHOK KUMAR SINGH, I.A.S
MANAIGING DIRECTOR,
KERALA WATER AUTHORITY,
HEAD OFFICE AT VELLAYAMBALAM,
THIRUVANANTHAPURAM-695001.
7 VENKIDESHAPATHY.S, I.A.S
SECRETARY,
THIRUVANANTHAPURAM CORPORATION,
CORPORATION OFFICE BUILDING,
THIRUVANANTHAPURAM-695001.
8 EAPEN VARGHESE
FORMER CHIEF TOWN PLANNER,
LOCAL SELF GOVENRMENT,
NEST BUILDING,
VIKAS BHAVAN PO, PALAYAM,
THIRUVANANTHAPURAM-695034.
9 NIVEDITHA.P.HARAN, I.A.S
FORMER PRINCIPAL SECRETARY,
REVENUE DEPARTMENT,
GOVERNMENT OF KERALA,
NOW PRINCIPAL SECRETARY,
HOME DEPARTMENT,
W.P.(C)Nos.2728 of 2015,
2729 of 2015, 3803 of 2015 & 19038 of 2015 11
2024:KER:87956
GOVERNMENT OF KERALA,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695001.
10 SANJAY MULCHAND KAUL, I.A.S
FORMER DISTRICT COLLECTOR,
THIRUVANANTHAPURAM,
NOW COMMISSIONER OF TOURISM,
GOVERNEMNT OF GUJARAT,
AHAMMEDABAD,
GUJARAT STATE-380001.
11 SRI.JAYESH SANOJI
M/S.AAVRITHIMAL MANAGEMENT COMPANY LIMITED,
JAI CHAMBER, 3RD FLOOR,
SERVICE ROAD, VILAPARIE,
MUMBAI-400057, MAHARASHTRA, INDIA.
12 SRI.T.S.ASOK
MANAGING DIRECTOR, ARTECH REALTERS,
TAJ VIVANTA, THYCAUD.P.O,
THIRUVANANTHAPURAM-695014.
13 KERALA LOK AYUKTA
LEGISLATAVE COMPLEX,
VIKAS BHAVAN,
THIRUVANANTHAPURAM-695033,
REPRESENTED BY ITS REGISTRAR.
14 STATE OF KERALA
REPRESENTED BY ITS CHIEF SECRETARY TO
GOVERNMENT OF KERALA,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695001.
BY ADVS.
SRI.JOHN K.GEORGE
SRI.N.NANDAKUMARA MENON SR.
SRI.K.B.PRADEEP
SUMAN CHAKRAVARTHY
BY SMT.NISHA BOSE, SR.GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL)HAVING BEEN FINALLY HEARD ON
22.11.2024, ALONG WITH WP(C)NOS.2728/2015, 2729/2015 AND
19038/2015, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C)Nos.2728 of 2015,
2729 of 2015, 3803 of 2015 & 19038 of 2015 12
2024:KER:87956
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR
FRIDAY, THE 22ND DAY OF NOVEMBER 2024 / 1ST AGRAHAYANA, 1946
WP(C) NO. 19038 OF 2015
TO STOP WITH THE PROCEEDINGS IN COMPLAINT NO.964/2014 ON THE
FILE OF THE KERALA LOK AYUKTA AS FAR AS IT IS AGAINST THE
PETITIONER
PETITIONER :
SOMASEKHARAN NAIR
AGED 57 YEARS
S/O.K.SANKARAPILLAI,
SUPERINTENDING ENGINEER (RETIRED),
SEWERAGE DIVISION, PATTOOR,
THIRUVANANTHAPURAM,
RESIDING AT T.C.30/1297,
NALLUMUKKU, PETTAH P.O.,
THIRUVANANTHAPURAM.
BY ADVS.
SRI.K.K.VIJAYAN
SMT.MINI GANGADHARAN
RESPONDENTS:
1 SRI.JOY KAITHARATH
S/O.ANTONY, GENERAL SECRETARY,
STATE HUMAN RIGHTS PROTECTION CENTRE,
REG. NO.389/2003, VELLIKULANGARA PO,
THRISSUR-680 699.
2 SRI.E.K.BHARAT BHUSHAN, I.A.S.
FORMER CHIEF SECRETARY
W.P.(C)Nos.2728 of 2015,
2729 of 2015, 3803 of 2015 & 19038 of 2015 13
2024:KER:87956
GOVERNMENT OF KERALA
RESIDING AT JNRA 110, JAWAHAR NAGAR,
KOWDIAR, THIRUVANANTHAPURAM.
3 SRI.SATHYAJITH RAJAN, I.A.S.
PRINCIPAL SECRETARY
REVENUE DEPARTMENT GOVERNMENT OF KERALA
SECRETARIAT, THIRUVANANTHAPURAM 695001.
4 SRI.T.V.VIJAYAKUMAR
ADDITIONAL SECRETARY
REVENUE DEPARTMENT
GOVERNMENT OF KERALA
SECRETARIAT,
THIRUVANANTHAPURAM 695001.
5 SRI.M.C.MOHANDAS
COMMISSIONER OF LAND REVENUE
PUBLIC OFFICE, PALAYAM,
THIRUVANANTHAURAM 695 034.
6 SRI.ASHOK KUMAR SINGH, I.A.S
FORMER MANAGING DIRECTOR,
KERALA WATER AUTHORITY, HEAD OFICE AT
VELLAYAMBALAM,
THIRUVANANTHAPURAM 695 001.
7 S.VENKIDESHAPATHY, I.A.S.
SECRETARY, THIRUVANANTHAPURAM CORPORATION,
CORPORATION OFFICE BUILDING,
THIRUVANANTHAURAM 695 001.
8 EAPEN VARGHESE
FORMER CHIEF TOWN PLANNER
LOCAL SELF GOVERNMENT,
NEST BUILDING, VIKAS BHAVAN PO,
PALAYAM THIRUVANANTHAPURAM 695 034.
9 NIVEDITHA P HARAN, I.A.S,
FORMER PRINCIPAL SECRETARY,
REVENUE DEPARTMENT,
GOVERNMENT OF KERALA,
NOW PRINCIPAL SECRETARY,
HOME DEPARTMENT, GOVERNMENT OF KERALA,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM 695 001.
W.P.(C)Nos.2728 of 2015,
2729 of 2015, 3803 of 2015 & 19038 of 2015 14
2024:KER:87956
10 SANJAY MULCHAND KAUL, I.A.S.
FORMER DISTRICT COLLECTOR,
THIRUVANANTHAPURAM,
NOW COMMISSIONER OF TOURISM,
GOVERNMENT OF GUJARAT,
AHAMMEDABAD, GUJARAT STATE.
11 SRI.JAYESH SANOJI
M/S.AAVIRITHIMAL MANAGEMENT COMPANY LIMITED,
JAI CHAMBER, 3RD FLOOR, SERVICE ROAD,
VILE PARLE, MUMBAI 400 057,
MAHARASHTRA, INDIA.
12 SRI.T.S.ASOK
MANAGING DIRECTOR
ARTECH REALTORS, TAJ VIVANTA, THYCAUD PO,
THIRUVANANTHAPURAM 695 033,
REPRESENTED BY ITS M.D.
13 KERALA LOK AYUKTA
LEGISLATIVE COMPLEX VIKAS BHAVAN
THIRUVANANTHAURAM 695 033,
REPRESENTED BY ITS REGISTRAR.
14 STATE OF KERALA
REPRESENTED BY ITS CHIEF SECRETARY TO
GOVERNMENYT OF KERALA,
GOVERNMENT SECRTARIAT,
THIRUVNANTHAPURAM-695 001.
BY ADVS.
SRI.AJAY BEN JOSE
SRI.JOHN K.GEORGE
SRI.P.MARTIN JOSE
SRI.N.NANDAKUMARA MENON SR.
SRI.K.B.PRADEEP
SRI.P.PRIJITH
SRI.S.SREEKUMAR SR.
SMT.RENU. D.P., SC, LOK AYUKTA
SRI.THOMAS P.KURUVILLA
SUMAN CHAKRAVARTHY
BY SMT.NISHA BOSE, SR.GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL)HAVING BEEN FINALLY HEARD ON
22.11.2024, ALONG WITH WP(C)NOS.2728/2015, 2729/2015 AND
3803/2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)Nos.2728 of 2015,
2729 of 2015, 3803 of 2015 & 19038 of 2015 15
2024:KER:87956
JUDGMENT
A.Muhamed Mustaque, J.
These writ petitions have been filed challenging an
order of the Lok Ayukta directing impleadment of the writ
petitioners in Complaint No.964 of 2014 on the file of Kerala
Lok Ayukta. The order of impleadment was passed on
09.01.2015. This Court granted a stay when a challenge was
made against the impleadment. Subsequently, the complaint
itself stood disposed of on 10.04.2017. That order is under
challenge before this Court in W.P.(C)No.13791 of 2018.
2. These matters came up before this Court
today, along with W.P.(C)No.13791 of 2018. We have gone
through the order passed in W.P.(C)No.13791 of 2018. In
that order, there is absolutely no mention about a
maladministration on the part of the writ petitioners
warranting proceeding against them. In the absence of any
such finding, there is no further scope for proceeding against
them in these matters.
W.P.(C)Nos.2728 of 2015,
2729 of 2015, 3803 of 2015 & 19038 of 2015 16
2024:KER:87956
3. The question whether the Lok Ayukta can suo
motu implead the petitioners as parties in a complaint urged
in these writ petitions can be left open. There is also a
question regarding the propriety of impleading an architect,
who is the writ petitioner in W.P.(C)No.3803 of 2015. That
issue can also be left open.
In view of the fact that there is no interdiction against
the writ petitioners in the final order warranting further
proceedings against them, all these writ petitions can be
allowed in the light of the subsequent event, and the
impugned order is, accordingly, set aside.
These writ petitions are allowed.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
Sd/-
P.KRISHNA KUMAR
JUDGE
rkj
W.P.(C)Nos.2728 of 2015,
2729 of 2015, 3803 of 2015 & 19038 of 2015 17
2024:KER:87956
APPENDIX OF WP(C) 2728/2015
PETITIONER EXHIBITS
EXHIBIT-P1 THE PHOTOCOPY OF THE COMPLAINT
NO.964/2014-A FILED BEFORE THE IST
RESPONDENT BY THE 2ND RESPONDENT
EXHIBIT-P2 THE PHOTOCOPY OF THE INVESTIGATION REPORT
DATED 19.11.2014 SUBMITTED BEFORE THE 1ST
RESPONDENT BY THE 3RD RESPONDENT
EXHIBIT-P3 THE PHOTOCOPY OF THE DEPARTMENT-WISE
REPORTS DATED 19.11.2014 SUBMITTED BEFORE
THE 1ST RESPONDENT BY THE 3RD RESPONDENT
EXHIBIT-P4 THE TRUE COPY OF THE ORDER DATED
09.01.2015 OF THE IST RESPONDENT IN
COMPLAINT NO.964/2014-A.
W.P.(C)Nos.2728 of 2015,
2729 of 2015, 3803 of 2015 & 19038 of 2015 18
2024:KER:87956
APPENDIX OF WP(C) 2729/2015
PETITIONER ANNEXURES
EXHIBIT P4 COPY OF THE INVESTIGATION REPORT IN
COMPLAINT NO.964/2014 DATED 19.11.2014
ALONG WITH ANNEXURES SUBMITTED BY THE
DR.JACOB THOMAS IPS, ADDL.DGP, VACB,
BEFORE THE KERALA LOK AYUKTA
EXHIBIT P1 COPY OF THE GOVERNMENT ORDER DATED
13.2.2014 VIDE G.O.(RT)NO.1355/2014/GAD
ISSUED BY THE GOVERNMENT
EXHIBIT P2 COPY OF THE COMPLAINT NO.964/2014 ALONG
WITH DOCUMENTS P1 TO P6 SUBMITTED BY THE
IST RESPONDENT BEFORE THE KERALA LOK
AYUKTA
EXHIBIT P3 COPY OF THE INVESTIGATION REPORT IN
COMPLAINT NO 964/2014 DATED 19.11.2014
SUBMITTED BY THE DR.JACOB THOMAS IPS,
ADDL.DGP, VACB, BEFORE THE KERALA LOK
AYUKTA
EXHIBIT P5 COPY OF THE ORDER DATED 9.1.2015 IN
COMPLAINT NO.964/2014 OF THE KERALA LOK
AYUKTA.
W.P.(C)Nos.2728 of 2015,
2729 of 2015, 3803 of 2015 & 19038 of 2015 19
2024:KER:87956
APPENDIX OF WP(C) 3803/2015
PETITIONER EXHIBITS
EXHIBIT P1 COPY OF THE ORDER DATED 9.01.2015 IN
COMPLAINT NO.964/2014 OF THE KERALA LOK
AYUKTA.
EXHIBIT P2 COPY OF THE COMPLAINT NO.964/2014 ALONG
WITH DOCUMENTS P1 TO P6 SUBMITTED BY THE
IST RESPONDENT BEFORE THE KERALA LOK
AYUKTA
EXHIBIT P3 COPY OF THE INVESTIGATION REPORT IN
COMPLAINT NO.964/2014 DATED 19.11.2014
SUBMITTED BY THE DR.JACOB THOMAS IPS,
ADDL.DGP, VACB, BEFORE THE KERALA LOK
AYUKTA.
EXHIBIT P4 COPY OF HTE IA.369/2005 FILED BY THE 1ST
RESPONDENT BEFORE THE LOK AYUKTA AND
ORDER DATED 23.05.2015 OF THE LOK AYUKTA.
EXHIBIT P5 COPY OF THE INTERIM ORDER DATED
28.01.2015 IN W.P.(C)NOS.2728 AND 2729 OF
2015 OF THIS HON'BLE COURT.
W.P.(C)Nos.2728 of 2015,
2729 of 2015, 3803 of 2015 & 19038 of 2015 20
2024:KER:87956
APPENDIX OF WP(C) 19038/2015
PETITIONER EXHIBITS
EXHIBIT P1 TRUE PHOTOCOPY OF THE COMPLAINT
NO.964/2014 ALONG WITH DOCUMENTS
SUBMITTED BY R1 BEFOR THE KERALA LOK
AYUKTA
EXHIBIT P2 TRUE PHOTOCOPY OF THE INVESTIGATION
REPORT IN COMPLAINT NO.964/2014 DATED
19.11.2014 SUBMITTED BY DR.JACOB THOMAS
IPS, ADDL.DGP, VACB, BEFORE TEH KERALA
LOK AYUKTA
EXHIBIT P3 COPY OF DEPARTMENT WISE INDIVIDUAL
REPORTS COMPLIED AND SUBMITTED BY THE
ADDITIONAL DIRECTOR GENERAL OF POLICE
DATED 19.11.2014 BEFORE THE KERALA LOK
AYUKTA
EXHIBIT P4 COPY OF ORDER DATED 09.01.2025 IN
COMPLAINT NO.964/2014 OF THE KERALA LOK
AYUKTA
Exhibit P5 NOTICE ISSUED TO THE PETITONER BY THE
KERALA LOK AYUKTA
