Kerala High Court
Hyder Babu vs State Of Kerala on 11 August, 2025
WP(C) NO. 23361 OF 2025 1 2025:KER:60769
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
MONDAY, THE 11TH DAY OF AUGUST 2025 / 20TH SRAVANA, 1947
WP(C) NO. 23361 OF 2025
PETITIONER/PETITIONER:
HYDER BABU
AGED 40 YEARS
S/O.M H ABDUL RAHIMAN, MOOKKADA VEEDU,
MUDIKKAL.P.O., PERUMBAVOOR, ERNAKULAM, PIN -
683547
BY ADV.SRI.DEEPU RAJAGOPAL
RESPONDENTS/RESPONDENT NO.1:
1 STATE OF KERALA
REPRESENTED BY SECRETARY, DEPARTMENT OF HOME
AFFAIRS, SECRETARIAT, THIRUVANANTHAPURAM, PIN -
695001
2 THE DIRECTOR GENERAL OF POLICE
OFFICE OF THE DIRECTOR GENERAL OF POLICE,
VAZHUTHACAUD, THIRUVANANTHAPURAM, PIN - 695010
3 THE ADDITIONAL DIRECTOR GENERAL OF POLICE,
CRIME BRANCH OFFICE OF THE ADDITIONAL DIRECTOR
GENERAL OF POLICE, CRIME BRANCH HEAD QUARTERS,
ENCHAKKAL, THIRUVANANTHAPURAM, PIN - 695008
4 REGISTRAR OF CO-OPERATIVE SOCIETIES,
OFFICE OF THE REGISTRAR OF CO-OPERATIVE
SOCIETIES, JAWAHAR SAHAKARANA BHAVAN, DPI
JUNCTION, THYCAUD, THIRUVANANTHAPURAM, PIN -
695014
5 THE ASSISTANT REGISTRAR OF CO-OPERATIVE
SOCIETIES,
OFFICE OF THE ASSISTANT REGISTRAR OF CO-
OPERATIVE SOCIETIES, KUNNATHUNADU, PERUMBAVOOR,
ERNAKULAM, PIN - 683552
6 JOSSAL FRANCIS THOPPIL,
JOINT REGISTRAR (GENERAL), OFFICE OF THE JOINT
REGISTRAR (GENERAL), FIFTH FLOOR, CIVIL STATION,
KAKKANAD, ERNAKULAM, PIN - 682030
7 THE SUPERINTENDENT OF POLICE,
CO-OPERATIVE VIGILANCE, 7TH FLOOR, JAWAHAR
SAHAKARANA BHAVAN, DPI JUNCTION, THYCAUD,
WP(C) NO. 23361 OF 2025 2 2025:KER:60769
THIRUVANANTHAPURAM, PIN - 695014
8 THE DEPUTY SUPERINTENDENT OF POLICE
CO-OPERATIVE VIGILANCE CIVIL STATION, THRISSUR,
PIN - 680003
BY SPL.GOVERNMENT PLEADER SRI.RAJESH.A. VACB
SR.GOVERNMENT PLEADER SMT.REKHA.S.,VACB
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 11.08.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 23361 OF 2025 3 2025:KER:60769
JUDGMENT
Dated this the 11th day of August, 2025
The petitioner, who is aggrieved by the inaction on the
part of the 3rd respondent on Ext.P9 report of the Vigilance and
Anti-Corruption Bureau, Ernakulam (for short, 'the VACB'
hereinafter), has approached this Court seeking the following
reliefs:
(i) To issue writ, order or direction in the
nature of mandamus directing the 3rd
respondent to consider the grievance of the
petitioner and to enquire into the matter by
taking into consideration the complaints of
the petitioner in tune with Exhibit P9 report
of the vigilance and Anti-Corruption
bureau, in the interest of Justice.
(ii) To issue writ, order or direction in the
nature of mandamus directing the 3rd
respondent to investigate the matter by
appointing a Special Investigation Team
regarding the Exhibit P15 complaint within
a time limit fixed by this Hon'ble court, in
the interest of justice.
(iii) To issue writ, order or direction in
the nature of mandamus directing the 7 th
WP(C) NO. 23361 OF 2025 4 2025:KER:60769
respondent to investigate the interest of the
6th respondent who acts personally rather
than in his official capacity in not taking
any action against the corrupted persons
within a time limit fixed by this Hon'ble
court, in the interest of justice.
(iv) To grant such other reliefs which this
Hon'ble Court may deem fit and proper in
the interest of justice.
2. Today, when this matter was taken up, the
learned Public Prosecutor produced a report dated 7.6.2025,
wherein, based on reference Nos.1 and 2 in RCS/10929/2024-
CP(7), the Registrar of Co-operative Societies has
recommended registration of a crime against accused Nos.1 to
14 under Sections 409 and 120B r/w 34 of the Indian Penal
Code as well as Section 13(1)(a) r/w 13(2) of the Prevention of
Corruption (Amendment) Act, 2018 and also under Sections 94
(8A) and (8B) of the Kerala Co-operative Societies Act, 1969.
3. Since report was submitted by the Registrar of
Co-operative Societies to the VACB, empowered to investigate
offences under the Corruption Act, an investigation has to be
conducted by the VACB, Ernakulam District, in terms of the
WP(C) NO. 23361 OF 2025 5 2025:KER:60769
recommendation.
4. The learned Public Prosecutor would submit
that necessary instructions in this regard would be issued to the
District VACB to proceed further on the basis of the report
produced before this Court.
5. In view of the above development, the learned
counsel for the petitioner would submit that recording the
aforesaid submission, this writ petition may be closed with
liberty to the petitioner to approach this Court again in the
event of any reluctance in proceeding further in this matter.
6. Having considered the submissions made, it is
relevant to note that insofar as the grievance of the petitioner
regarding no further steps on Ext.P9 is concerned, it is noted
that the Registrar of Co-operative Societies has now
recommended registration of a crime and thus action taken by
the Registrar. Now, it is the VACB, Ernakulam District, is to
take a decision thereon and proceed further. Accordingly,
hoping that the VACB, Ernakulam, will proceed further in the
matter, based on the recommendation of the Registrar of Co-
operative Societies, this writ petition is disposed of.
WP(C) NO. 23361 OF 2025 6 2025:KER:60769
It is specifically made clear that, even though this writ
petition is disposed of hoping investigation, based on the
report dated 7.6.2025 referred to hereinabove, the petitioner is
at liberty to approach this Court again, if he is aggrieved by any
inaction in acting upon the said report or in taking further
steps.
Sd/-
A.BADHARUDEEN
JUDGE
Bb
WP(C) NO. 23361 OF 2025 7 2025:KER:60769
APPENDIX OF WP(C) 23361/2025
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE APPLICATION FILED UNDER
RTI ALONG WITH REPLY DATED 13/12/2023
Exhibit P2 TRUE COPY OF THE COMPLAINT FILED BEFORE THE
5TH RESPONDENT DATED 30/01/2024
Exhibit P3 TRUE COPY OF THE LETTER ISSUED BY THE 5TH
RESPONDENT DATED 09/02/2024
Exhibit P4 TRUE COPY OF THE LEGAL CERTIFICATE ISSUED
FOR GRANTING LOAN DATED 29/01/2021
Exhibit P5 TRUE COPY OF THE RECEIPT OF COMPLAINT GIVEN
TO SHO, PERUMBAVOOR DATED 21/02/2024
Exhibit P6 TRUE COPY OF THE COMPLAINT FILED BEFORE THE
SUPERINTENDENT OF POLICE, ALUVA RURAL DATED
01/03/2024
Exhibit P7 TRUE COPY OF THE LETTER ISSUED BY THE
STATION HOUSE OFFICER, PERUMBAVOOR POLICE
STATION DATED 10/05/2024
Exhibit P8 TRUE COPY OF THE COMPLAINT FILED BEFORE THE
VIGILANCE DIRECTOR DATED 24/02/2024
Exhibit P9 TRUE COPY OF THE REPORT BY THE DYSP OFFICE,
VIGILANCE AND ANTI-CORRUPTION BUREAU,
ERNAKULAM DATED 20/06/2024
Exhibit P10 TRUE COPY OF THE COMPLAINT FILED BEFORE THE
6TH RESPONDENT DATED 24/02/2024
Exhibit P11 TRUE COPY OF THE ORDER ISSUED BY THE 6TH
RESPONDENT DATED 19/10/2024
Exhibit P12 TRUE COPY OF THE LEGAL CERTIFICATE PRODUCED
BEFORE THE 6TH RESPONDENT ON 10/06/2024
DATED 15/10/2024
Exhibit P13 TRUE COPY OF THE COMPLAINT FILED BEFORE THE
6TH RESPONDENT DATED 02/12/2024
Exhibit P14 TRUE COPY OF THE ORDER PASSED BY THE 6TH
RESPONDENT DATED 08/04/2025
Exhibit P15 TRUE COPY OF THE COMPLAINT FILED BEFORE THE
3RD RESPONDENT DATED 14/06/2025
Exhibit P16 TRUE COPY OF THE COMPLAINT FILED BEFORE THE
4TH RESPONDENT DATED 24/02/2024
Exhibit P17 TRUE PHOTOCOPY OF THE REPORT ISSUED BY THE
4TH RESPONDENT DATED 05.06.2025
RESPONDENTS' EXHIBITS : NIL
