Kerala High Court
Anoop M.S vs State Of Kerala on 9 October, 2025
WP(C) NO. 19470 OF 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
THURSDAY, THE 9TH DAY OF OCTOBER 2025 / 17TH ASWINA, 1947
WP(C) NO. 19470 OF 2025
PETITIONERS:
ANOOP M.S
AGED 43 YEARS
S/O SUKUMARAN, MANELIL HOUSE, VALAYANCHIRANGARA P.O,
PERUMBAVOOR, ERNAKULAM, PIN - 683556
BY ADVS.
SHRI.K.R.PRATHISH
SHRI.P.K.SREEVALSAKRISHNAN
SRI.S.UNNIKRISHNAN (NELLAD)
SHRI.AKHIL BABU
SMT.KRISHNA DAS
SMT.HIMA A.S.
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY PRINCIPAL SECRETARY LOCAL SELF
GOVERNMENT DEPARTMENT GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 VIGILANCE AND ANTI CORRUPTION BUREAU
CENTRAL RANGE OFFICE, KATHRIKADAVU ERNAKULAM REP BY
DEPUTY SUPERINTENDENT OF POLICE, PIN - 682030
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3 PRIYADARSHINI T.T
MEMBER OF GRAMA PANCHAYAT 12TH WARD, VARICODU, VENGOLA
GRAMA PANCHAYAT PERUMBAVOOR, ERNAKULAM, PIN - 683556
4 NASSAR PM
DISTRICT PANCHAYAT MEMBER, VENGOLA DIVISION, ERNAKULAM
DISTRICT PANCHAYAT, DISTRICT PANCHAYAT DIVISION
KAKKANAD, ERNAKULAM, PIN - 682030
5 SAJEEV V.S
CONTRACTOR, KALLAMBLAYIL HOUSE EDDASSERY, EDATHALA
POST, ALUVA, ERNAKULAM, PIN - 683561
6 BINOY MP
ASST. EXECUTIVE ENGINEER LSGD, DISTRICT PANCHAYATH
OFFICE KAKKANAD, ERNAKULAM, PIN - 682030
7 VIVIN NELSON
ASST. ENGINEER', VENGOLA GRAMA PANCHAYAT, PERUMBAVOOR,
ERNAKULAM, PIN - 683556
8 SHINY CV
ASST. EXECUTIVE ENGINEER, VAZHAKULAM BLOCK PANCHAYAT,
VAZHAKULAM-KEEZHAMADU ROAD, ERNAKULAM, PIN - 683105
OTHER PRESENT:
SR.PP- SMT.REKHA.S....SPL.PP- SRI.A.RAJESH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.10.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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A.BADHARUDEEN, J
======================
W.P.(C) No. 19470 2025
========================
Dated 09th day of October, 2025
JUDGMENT
The petitioner who is the complainant in C.M.P.No. 1684 of 2024
on the files of the Enquiry Commissioner and Special Judge,
Muvattupuzha has filed this writ petition seeking the following reliefs:-
"i. Issue a writ of mandamus or other appropriate writ order or
direction directing the respondents No.1 to consider the request of the
2nd Respondent for sanction as per as per section 17 of the Prevention of
Corruption Act in the Ext.P2 order and take a decision within a time
frame fixed by this Honorable Court.
ii. Dispense with the filing of translation of documents in Malayalam
produced in the above writ petition
iii. Pass such other writ, order or direction as the honorable court may
deem just, fit and necessary in the facts and circumstances of this case.
And
iv. Allow this writ petition with cost."
2. Heard the learned counsel for the writ petitioner as well as the
learned Special Public Prosecutor representing the vigilance.
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3. It is submitted by the learned counsel for the writ petitioner that,
as per Ext.P2 order, in response to a complaint lodged by the writ
petitioner, the learned Special Judge directed that a preliminary enquiry
be conducted in compliance with the relevant provisions of the PC Act,
1988 as amended in 2018. It is further submitted that, as per Exts.P3 and
P4, in order to conduct such preliminary enquiry, prior approval under
Section 17A of the PC Act, 1988 as amended in 2018 was sought.
Accordingly, the learned counsel for the petitioner prays that there may
be a direction to expedite the process of obtaining the prior approval so
sought.
4. Adverting to the above contention, the learned Special Public
Prosecutor submitted the report of the Deputy Secretary, on behalf of
the Additional Chief Secretary, Government of Kerala, dated 13.08.2025,
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wherein it is stated that the application dated 01.11.2024, submitted for
obtaining prior approval under Section 17A of the PC Act, 1988, as
amended in 2018, was granted to proceed with the preliminary enquiry.
It is further submitted by the learned Special Public Prosecutor that the
preliminary enquiry is in progress and that the report thereof would be
finalised without much delay.
5. In view of the report and the submissions made by the learned
Special Public Prosecutor, the grievance of the petitioner regarding the
grant of prior approval under Section 17A of the PC Act, 1988, has been
addressed, and what now remains is the filing of the preliminary enquiry
report.
In view of the above, this writ petition stands disposed of directing
the Investigating Officer to expedite the preliminary enquiry and file the
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report within a period of two months from today. It is further ordered
that, if the petitioner is aggrieved in any manner thereafter, he shall be at
liberty to approach this Court again or to move as per law otherwise.
Sd/-
A. BADHARUDEEN
JUDGE
RMV
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APPENDIX OF WP(C) 19470/2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE COMPLAINT WITHOUT ANNEXURES
FILED BY THE PETITIONER BEFORE THE HONORABLE
ENQUIRY COMMISSIONER AND SPECIAL JUDGE,
MUVATTUPUZHA AS CRL.M.P NO.1684 OF 2024,
DATED 12.09.2024
Exhibit P2 TRUE COPY OF THE ORDER DATED 01.11.2024 IN
C.M.P NO. 1684 OF 2024 OF THE VIGILANCE
COURT, MUVATTUPUZHA
Exhibit P3 TRUE COPY OF THE REPORT DATED 03.01.2025 OF
THE 2ND RESPONDENT BEFORE THE VIGILANCE
COURT, MUVATTUPUZHA
Exhibit P4 TRUE COPY OF THE REPORT DATED 25.02.2025 OF
THE 2ND RESPONDENT BEFORE THE VIGILANCE
COURT, MUVATTUPUZHA
