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Kerala High Court
Mathew Joseph vs State Of Kerala on 1 December, 2025
2025:KER:92747
CRL.MC NO. 3117 OF 2024 & W.P.(CRL) 1326 OF 2023
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
MONDAY, THE 1ST DAY OF DECEMBER 2025/10TH AGRAHAYANA,1947
CRL.MC NO. 3117 OF 2024
AGAINST THE ORDER/JUDGMENT DATED 08.11.2023 IN VC
NO.2 OF 2018 OF ENQUIRY COMMISSIONER & SPECIAL JUDGE,
KOTTAYAM / III ADDITIONAL DISTRICT COURT, KOTTAYAM
PETITIONERS:
1 MATHEW JOSEPH
AGED 64 YEARS
S/O JOSEPH MAPPILASSERY PUTHENVEEDU,
CHAMPAKKULAM P.O, ALAPPUZHA. MANAGING DIRECTOR,
WATER WORLD TOURISM COMPANY., PIN - 688505
2 DR.TOBY CHANDY
AGED 40 YEARS
S/O LATE THOMAS CHANDY, KALATHILPARAMBIL HOUSE,
CHENNAMKARI P.O, ALAPPUZHA, DIRECTOR, WATER
WORLD TOURISM COMPANY., PIN - 688501
3 MARRY CHANDY
AGED 72 YEARS
W/O LATE THOMAS CHANDY, KALATHILPARAMBIL HOUSE,
CHENNAMKARI P.O, ALAPPUZHA , DIRECTOR, WATER
WORLD TOURISM COMPANY., PIN - 688501
4 BETTY CHANDY
AGED 46 YEARS
D/O LATE THOMAS CHANDY, KALATHILPARAMBIL HOUSE,
CHENNAMKARI P.O, ALAPPUZHA, DIRECTOR, WATER
WORLD TOURISM COMPANY., PIN - 688501
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CRL.MC NO. 3117 OF 2024 & W.P.(CRL) 1326 OF 2023
2
5 JOHN MATHEW
AGED 76 YEARS
S/O C.O JOHN, CHETTUKANDATHIL HOUSE,
ERAVIPEROOR P.O, THIRUVALLA, KOTTAYAM,
DIRECTOR, WATER WORLD TOURISM COMPANY., PIN -
689542
6 BIJI K.JOHN
AGED 62 YEARS
S/O YOHANNAN, KALAYIKKAL HOUSE, THUMBOLI P.O,
ALAPPUZHA,DIRECTOR, WATER WORLD TOURISM
COMPANY., PIN - 688008
7 JIJIMON VARGHESE
AGED 55 YEARS
S/O VARHESE, SAVIDHAM HOUSE, THEKKEKKARA P.O,
MANKOMBU, CHAMBAKKULAM VILLAGE, ALAPPUZHA -
SUPERVISOR, AND CONVENER LAKE PALACE RESORT AND
CONVENER BENEFICIARY COMMITTEE., PIN - 690107
BY ADVS.
SRI.NANDAGOPAL S.KURUP
SHRI.ADITH KIRAN R.S.
SRI.S.SREEKUMAR (SR.)
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
2 SUBHASH M.THEKKEDAN
S/O MANOHARAN, THEEKKADU PALACE WARD,
ALAPPUZHA-, PIN - 688011
BY ADVS.SRI.RAJESH.A, SPL Public Prosecutor
SMT.REKHA.S, SR Public Prosecutor
THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 01.12.2025, ALONG WITH WP(Crl.).1326/2023,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
2025:KER:92747
CRL.MC NO. 3117 OF 2024 & W.P.(CRL) 1326 OF 2023
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
MONDAY, THE 1ST DAY OF DECEMBER 2025/10TH AGRAHAYANA,1947
WP(CRL.) NO. 1326 OF 2023
CRIME NO.2/2018 OF VACB, THIRUVANANTHAPURAM,
Thiruvananthapuram
AGAINST THE ORDER/JUDGMENT DATED IN VC NO.2 OF 2018
OF ENQUIRY COMMISSIONER & SPECIAL JUDGE, KOTTAYAM / III
ADDITIONAL DISTRICT COURT, KOTTAYAM
PETITIONER:
N. PADMAKUMAR
AGED 62 YEARS
S/O. LATE N.P. NATARAJAN, ‘RAJA DEEPAM',
SRK MISSION HOSPITAL ROAD, SASTHAMANGALAM,
THIRUVANANTHAPURAM, PIN - 695010
BY ADVS.
SRI.D.KISHORE
SMT.MEERA GOPINATH
SRI.R.MURALEEKRISHNAN (MALAKKARA)
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
2 THE DIRECTOR
VIGILANCE AND ANTI CORRUPTION BUREAU, PMG,
THIRUVANANTHAPURAM, PIN - 695033
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CRL.MC NO. 3117 OF 2024 & W.P.(CRL) 1326 OF 2023
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3 THE SUPERINTENDENT OF POLICE
VIGILANCE AND ANTI CORRUPTION BUREAU, SPECIAL
INVESTIGATION UNIT-1, POOJAPPURA,
THIRUVANANTHAPURAM, PIN - 695012
4 SUBHASH M THEEKKADAN
S/O. MANOHARAN, THEEKKADU PALACE WARD,
ALAPPUZHA, PIN - 688011
BY ADVS.
SRI.RAJESH.A, SPL Public Prosecutor
SMT.REKHA.S, SR Public Prosecutor
SHRI.B.PRAMOD
SHRI.BIJU VIGNESWAR
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 01.12.2025, ALONG WITH Crl.MC.3117/2024, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:92747
CRL.MC NO. 3117 OF 2024 & W.P.(CRL) 1326 OF 2023
5
A.BADHARUDEEN, J.
-----------------------------------------------
Criminal M.C.No.3117 of 2024 & W.P.(Crl) No.1326 of 2023
-----------------------------------------------
Dated this the 1st day of December, 2025
COMMON ORDER / JUDGMENT
Criminal M.C.No.3117 of 2024 has been filed
challenging order dated 08.11.2023 in V.C.No.2 of 2018 on the
files of the Court of the Enquiry Commissioner and Special
Judge, Kottayam, ordering further investigation in the said
crime without accepting the final report filed.
2. W.P.(Crl) No.1326 of 2023 has been filed by one
N.Padmakumar and he prayers as under:
i) Call for the records leading to the passing of
Exhibit P12 Order dated 8.11.2023 in VC
No.2/2018/SIU-1, Thiruvananthapuram on the file
of the Court of the Enquiry Commissioner and
Special Judge, Kottayam and quash the same to
the extent it fails to accept Exhibit P11 final
report pertaining to CMP 558/2018 and in
ordering further investigation as against the
petitioner, by issuing a writ of certiorari or any
other appropriate writ, order or direction.
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CRL.MC NO. 3117 OF 2024 & W.P.(CRL) 1326 OF 2023
3. During hearing, the learned Public Prosecutor would
submit that in compliance of the order of the Special Judge,
further investigation was carried out and the report of the final
investigation is ready. The learned Public Prosecutor produced
a copy of the same with prayer to allow the investigating
officer to file the same before the Special Court.
4. On perusal of the final report sought to be filed, it
appears that no action recommended as against the
petitioners as per the supplementary report, based on further
investigation. No doubt, a decision has to be taken by the
Enquiry Commissioner on the final report which is generated
as the outcome of further investigation. The investigating
officer is directed to file the final report before the Special
Judge or his decision within one week to do the said exercise.
Accordingly, these petitions are disposed of directing
the Special Judge to consider the final report to be filed based
on the further investigation, in accordance with law and pass
further orders.
Sd/-
A.BADHARUDEEN,
JUDGE.
Mn
2025:KER:92747
CRL.MC NO. 3117 OF 2024 & W.P.(CRL) 1326 OF 2023
APPENDIX OF CRL.MC NO. 3117 OF 2024
PETITIONER ANNEXURES
Annexure A1 TRUE COPY OF THE PRIVATE COMPLAINT
NUMBERED CMP 2439/2017 DATED
23.10.2017 PREFERRED BY THE SECOND
RESPONDENT BEFORE THE ENQUIRY
COMMISSIONER AND SPECIAL JUDGE,
KOTTAYAM
Annexure A2 TRUE COPY OF THE PRIVATE COMPLAINT
NUMBERED CMP 558/2018 DATED 03.05.2018
PREFERRED BY THE SECOND RESPONDENT
BEFORE THE ENQUIRY COMMISSIONER AND
SPECIAL JUDGE, KOTTAYAM
Annexure A3 TRUE COPY OF THE PRELIMINARY ENQUIRY
REPORT NUMBERED P.E 02/17/ERK DATED
29.12.2017 PREFERRED BY THE
SUPERINTENDENT OF POLICE, VIGILANCE
AND ANTI-CORRUPTION BUREAU, EASTERN
RANGE, KOTTAYAM
Annexure A4 TRUE COPY OF THE FIRST INFORMATION
REPORT DATED 17.01.2018 IN VC
02/2018/SIU-1 REGISTERED AT THE VACB,
SIU-1, THIRUVANANTHAPURAM
Annexure A5 TRUE COPY OF THE FINAL REPORT DATED
15.11.2021 IN VC 02/2018/SIU-1 OF
VACB, SIU-1, THIRUVANANTHAPURAM
Annexure A6 TRUE COPY OF THE ORDER DATED 8.11.2023
IN VC 02/2018/SIU-1 AT THE VACB, SIU-
1, THIRUVANANTHAPURAM PASSED BY THE
COURT OF ENQUIRY COMMISSIONER AND
SPECIAL JUDGE, KOTTAYAM
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CRL.MC NO. 3117 OF 2024 & W.P.(CRL) 1326 OF 2023
APPENDIX OF WP(CRL.) NO. 1326 OF 2023
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE REPORT DATED
21.2.2013 SUBMITTED BY THE REVENUE
DIVISIONAL OFFICER, ALAPPUZHA TO THE
DISTRICT COLLECTOR, ALAPPUZHA
Exhibit P2 TRUE COPY OF THE PROCEEDINGS NO.C10-
57262/2012 DATED 18.3.2013 OF THE
DISTRICT COLLECTOR ISSUED TO THE
REVENUE DIVISIONAL OFFICER, ALAPPUZHA
Exhibit P3 TRUE COPY OF THE ORDER DATED 21.3.2014
IN W.P.(C) 5503/2014 OF THIS
HONOURABLE COURT
Exhibit P4 TRUE COPY OF THE REPORT DATED
28.8.2014 SUBMITTED BY THE REVENUE
DIVISIONAL OFFICER, ALAPPUZHA TO THE
DISTRICT COLLECTOR, ALAPPUZHA
Exhibit P5 TRUE COPY OF THE PROCEEDINGS NO. C10-
57262/2012 DATED 12.11.2014 OF THE
DISTRICT COLLECTOR, ALAPPUZHA
Exhibit P5(a) TRUE COPY OF THE COMMUNICATION DATED
28.3.2014 ISSUED BY THE ASSISTANT
EXECUTIVE ENGINEER, IRRIGATION
DIVISION, ALAPPUZHA TO THE DEPUTY
DIRECTOR
Exhibit P5(b) TRUE COPY OF THE COMMUNICATION DATED
2.5.2014 ISSUED BY THE PRINCIPAL
AGRICULTURAL OFFICER, ALAPPUZHA TO THE
REVENUE DIVISIONAL OFFICER
Exhibit P6 TRUE COPY OF THE JUDGMENT DATED
14.11.2017 IN W.P.(C) 5503/2014 OF
THIS HONOURABLE COURT
Exhibit P7 TRUE COPY OF THE PROCEEDINGS NO.C10-
57262/2012 DATED 20.10.2017 ISSUED BY
THE DISTRICT COLLECTOR, ALAPPUZHA AND
ADDRESSED TO THE ADDITIONAL CHIEF
SECRETARY, REVENUE DEPARTMENT
Exhibit P8 TRUE COPY OF THE COMPLAINT DATED
3.5.2018 FILED BY THE 4TH RESPONDENT
AS CMP 558/2018 BEFORE THE ENQUIRY
COMMISSIONER AND SPECIAL JUDGE,
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CRL.MC NO. 3117 OF 2024 & W.P.(CRL) 1326 OF 2023
KOTTAYAM
Exhibit P9 TRUE COPY OF THE ORDER DATED 16.5.2018
IN CRL.M.P. NO.558/2018 ON THE FILE OF
ENQUIRY COMMISSIONER AND SPECIAL
JUDGE, KOTTAYAM
Exhibit P10 TRUE COPY OF THE ORDER DATED 9.7.2021
IN CRL.M.C. NO. 3794 OF 2018 OF THIS
HONOURABLE COURT
Exhibit P11 TRUE COPY OF THE FINAL REPORT DATED
15.11.2021 IN FIR NO. 2/2018/SIU-1
SUBMITTED BY THE 3RD RESPONDENT BEFORE
THE ENQUIRY COMMISSIONER AND SPECIAL
JUDGE (VIGILANCE), KOTTAYAM
Exhibit P12 TRUE COPY OF THE ORDER DATED 8.11.2023
IN VC NO.2/2018/SIU-1,
THIRUVANANTHAPURAM OF THE COURT OF
ENQUIRY COMMISSIONER AND SPECIAL
JUDGE, KOTTAYAM ALONG WITH ITS TYPED
COPY
