Kerala High Court
Nishad H vs State Of Kerala on 10 October, 2024
2024:KER:75330
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
THURSDAY, THE 10TH DAY OF OCTOBER 2024 / 18TH ASWINA, 1946
WP(C) NO. 539 OF 2020
PETITIONERS:
1 NISHAD H.,
AGED 37 YEARS
S/O. HAMZAPPA.A., 34/28, KUNJUPARAMBIL HOUSE, UTHUGODU
PADINJARE KALAM, THIRUNELLAI, NURANI, PALAKKAD, PIN-678 004
*2 MAJULA A
W/O. LATE NISHAD H, AGED 38 YEARS,
KUNDUPARAMBIL HOUSE, 36/14-1, UTHUNGODE,
PADINJAREKKALAM, THIRUNELLAYI, PALAKKAD - 678 004
*3 HABEEBA SHERIN K.N.
D/O. LATE NISHAD H., AGED 17 YEARS
REPRESENTED BY HER MOTHER AND GUARDIAN MAJULA A.,
W/O. LATE NISHAD H., AGED 38 YEARS
KUNDUPARAMBIL HOUSE, 36/14-1, UTHUNGODE,
PADINJAREKKALAM, THIRUNELLAYI, PALAKKAD - 678 004
*4 SANA FATHIMA K.N.,
D/O. LATE NISHAD H., AGED 13 YEARS
REPRESENTED BY HER MOTHER AND GUARDIAN MAJULA A.,
W/O. LATE NISHAD H., AGED 38 YEARS
KUNDUPARAMBIL HOUSE, 36/14-1, UTHUNGODE,
PADINJAREKKALAM, THIRUNELLAYI, PALAKKAD - 678 004
* IMPLEADED AS ADDITIONAL PETITIONERS 2 TO 4 VIDE ORDER
DATED 10.10.2024 IN I.A. NO.1/2024
BY ADVS.
T.V.GEORGE
SRI.JIMMY GEORGE (THADATHIL)
LINDA GEORGE
ADORN ANNA MARTIN
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE SECRETARY TO VIGILANCE AND ANTI-
CORRUPTION BUREAU, GOVT. SECRETARIAT,
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W.P.(C.) No.539 of 2020
2
THIRUVANANTHAPUAM,PIN-695 001
2 THE DIRECTOR,
VIGILANCE AND ANTI-CORRUPTION BUREAU,
THIRUVANANTHAPUAM,PIN-695 001
3 SUPERINTENDENT OF POLICE,
VIGILANCE AND ANTI-CORRUPTION BUREAU,
ERNAKULAM,PIN-682 017
4 MATHEW RAJ,
DY SUPERINTENDET OF POLICE, VIGILANCE AND ANTI-CORRUPTION
BUREAU, PALAKKAD,PIN-678 001
BY ADVS.
SRI.A.RAJESH, SPECIAL GOVERNMENT PLEADER (VIGILANCE)
SMT.REKHA S., SENIOR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
10.10.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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W.P.(C.) No.539 of 2020
3
C. JAYACHANDRAN, J.
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W.P.(C.) No.539 of 2020
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Dated this the 10th day of October, 2024
JUDGMENT
The petitioner seeks release of a sum of
Rs.2,30,000/-, which was illegally seized by the
respondents. Pendente lite, the petitioner passed away.
His legal heirs preferred an application before this Court
as I.A. No.1 of 2024 seeking impleadment as additional
petitioners 2 to 4, which is allowed, as unopposed.
2. Having heard the learned counsel appearing for
the petitioners and also the learned Special Public
Prosecutor, this Court notice that the F.I.R. was registered
by the 4th respondent/Deputy Superintendent of Police
based on a surprise check report conducted at Valayar
Check Post, during the course of which, a sum of
Rs.2,30,000/- was recovered from the petitioner. However,
after conducting investigation, the investigating officer
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filed a Final Report stating that no offence under the
Prevention of Corruption Act is revealed, but suggesting
Vigilance Tribunal enquiry as against the public servants.
It is on the strength of such fact, the petitioner now seeks
return of the amount seized from him.
3. Inasmuch as, a Final Report has been filed,
which does not reveal any offence under the Prevention of
Corruption Act and also, in view of the fact that the
petitioner is not a public servant, no further action against
the petitioner seems to be feasible. In the circumstances,
the respondents have no right in law to keep Rs.2,30,000/-
seized from the petitioner.
4. This Court therefore directs the 4 th respondent
(thereby meaning the present incumbent in office) to take
immediate steps to release the said amount to additional
petitioners 2 to 4, after obtaining necessary receipts from
the said petitioners. The additional petitioners 2 to 4 will
furnish a legal heirship certificate before the investigating
officer, so as to enable release of the amount sought for. It
is clarified that if necessary orders are required to release
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the amount, which is reportedly lying in the Treasury now,
respondents 1 to 3 will enable the same by issuing
necessary orders immediately. The amount shall be
released to the petitioners expeditiously, at any rate,
within a period of one month from the date of production
of the legal heirship certificate.
The Writ Petition is disposed of accordingly.
Sd/-
C. JAYACHANDRAN
JUDGE
SKP/10-10
2024:KER:75330
APPENDIX OF WP(C) 539/2020
PETITIONERS' EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE RECEIPT DT 56/11/19 ISSUED BY
ADITHYA GOLD SYNDICATE
EXHIBIT P2 TRUE COPY OF REPRESENTATION DTD 9.12.19 FILED
BY THE PETITIONER BEFORE THE 3RD RESPONDENT
EXHIBIT P2 (A) TRUE COPY OF THE ACKNOWLEDGEMENT CARD
EVIDENCING RECEIPT OF EXT P2
EXHIBIT P3 TRUE COPY OF NEWSPAPER REPORT IN MALAYALA
MANORAM DTD 1/12/2019
RESPONDENTS' EXHIBITS:NIL
TRUE COPY
P.A. TO JUDGE
