Kerala High Court
Sathyan Naravoor K vs State Of Kerala on 10 October, 2025
2025:KER:75377
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
FRIDAY, THE 10TH DAY OF OCTOBER 2025 / 18TH ASWINA, 1947
WP(C) NO. 10631 OF 2025
PETITIONER:
SATHYAN NARAVOOR K
AGED 63 YEARS, S/O. KRISHNAN, R/O. SOUPARNIKA, NARAVOOR,
KUTHUPARAMBA, KANNUR, PIN - 670743
BY ADVS.
SHRI.KALEESWARAM RAJ
KUM.THULASI K. RAJ
SMT.CHINNU MARIA ANTONY
SMT.APARNA NARAYAN MENON
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 SECRETARY TO GOVERNMENT
HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM,
PIN - 695001
3 SECRETARY TO GOVERNMENT
DEPARTMENT OF INDUSTRIES AND COMMERCE, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
4 SECRETARY TO GOVERNMENT
DEPARTMENT OF CO-OPERATION, SECRETARIAT, THIRUVANANTHAPURAM,
PIN - 695001
5 VIGILANCE AND ANTI-CORRUPTION BUREAU
REPRESENTED BY DIRECTOR, PMG LAW COLLEGE ROAD, VIKAS BHAVAN,
THIRUVANANTHAPURAM, PIN - 695033
6 DIRECTOR OF VIGILANCE AND ANTI-CORRUPTION BUREAU,
OFFICE OF VIGILANCE AND ANTI-CORRUPTION BUREAU, PMG LAW
COLLEGE ROAD, VIKAS BHAVAN THIRUVANANTHAPURAM, PIN - 695033
7 DIRECTOR
MINING AND GEOLOGY, DIRECTORATE OF MINING AND GEOLOGY,
KESAVADASAPURAM, PATTOM PALACE PO, THIRUVANANTHAPURAM,
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W.P.(C). No. 10631 of 2025
2
PIN - 695004
8 REGISTRAR OF COOPERATIVE SOCIETIES
OFFICE OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES,
JAWAHAR SAHAKARANA BHAVAN, DPI JUNCTION, THYCAUD (PO)
THIRUVANANTHAPURAM, PIN - 695014
9 JACOB THOMAS IPS
THEJUS, MANNAMOOLA, PEROORKADA P.O. THIRUVANANTHAPURAM,
PIN - 695005
10 THE GEOLOGIST
DISTRICT OFFICE, DEPARTMENT OF MINING & GEOLOGY, CIVIL
STATION, E-BLOCK, KANNUR, PIN - 670002
BY ADVS.
SRI.C.UNNIKRISHNAN (KOLLAM)
SRI.D.JAYAKRISHNAN
SHRI VIJAYKRISHNAN S. MENON
SHRI.SHIBU S.
SHRI.VIVEK NAIR P.
SHRI.M.R.RADHAKRISHNAN
SHRI.K.S.ARAVIND
SHRI.G.GOWARDHAN DEV G. NAIR
SHRI.V.ASWIN
SMT.BINITHA MARIA THOMAS
SMT.GARGI RAMACHANDRAN
SHRI.GAUTHAM HRITHEEKAAR S.
SR GP - C K SURESH
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
10.10.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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W.P.(C). No. 10631 of 2025
3
JUDGMENT
Dated this the 10th day of October, 2025
This writ petition (civil) has been filed under Article 226
of the Constitution of India by the petitioner, who is arrayed
as accused in Crime No.8/2016 of VACB Kozhikode seeking the
following prayers:
i) To declare that the petitioner is entitled to
compensation amounting to Rs.25,00,000/-
(Twenty Five Lakhs Only) under the heads
specified in para 16;
ii) To issue writ of mandamus directing the
respondents to grant compensation
amounting to Rs.25,00,000 (Twenty Five
Lakhs Only) under the heads specified in
para 16 to the petitioner;
iii) To issue a writ of mandamus directing the
1st respondent to consider and pass
appropriate orders on Annexure A5
representation within a time period
specified by this Hon'ble Court;
iv) Issue such other appropriate writ, order or
direction as this Hon'ble Court deems fit
and proper, in the circumstances of the
case;
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v) To dispense with the filing of translation of
vernacular document.
2. Heard both sides, including the Additional Director
General of Prosecution (ADGP). Perused the relevant records
available.
3. At the time of hearing, even though the learned
counsel for the petitioner canvased grant of compensation on
the principle of malicious prosecution, she fairly submitted
that, as of now, Ext.P5 representation, filed by the petitioner
before the Chief Secretary and other officials to take action
against the officials, who registered crime against the
petitioner and also to consider grant of compensation to the
petitioner in the facts of this case, is pending consideration
and if a direction is given to the respondents to consider the
same, this writ petition can be disposed of.
4. This submission is not opposed by the learned
ADGP. But, the learned counsel appearing for the 9 th
respondent, the Vigilance Director, during the relevant
period, submitted that, on perusal of Ext.P4 order of this
Court dated 10.09.2024 in Crl.M.C. No.2228/2023, it is well
discernible that, even though quashment was granted based
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on certain reports generated after registration of this crime,
for which, some prima facie materials were available at the
time of registering the crime, this is not a fit case for granting
compensation to the petitioner, on any count. Therefore, the
prayer for grant of compensation in the writ petition or
otherwise would not succeed.
In consideration of the request made by the learned
counsel for the petitioner to consider Ext.P5 representation,
eschewing all other reliefs, the writ petition stands disposed
of directing the 2nd respondent to consider Ext.P5
representation, within a period of three months from the date
of receipt of copy of this judgment, provided that such
representation has been received, as submitted by the
learned counsel for the petitioner. As regards to filing of
Ext.P5 application is concerned, if any clarification is
necessary, the 2nd respondent is at liberty to issue notice to
the petitioner and seek further assistance.
Sd/-
A. BADHARUDEEN
SK
JUDGE
2025:KER:75377
APPENDIX OF WP(C) 10631/2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE ORDER DATED 08.08.2023 IN SLP (CRL)
NO. 1353/2022 PASSED BY THE HON'BLE SUPREME COURT.
Exhibit P1(a) TRUE COPY OF THE ORDER DATED 03.03.2025 IN SLP (CRL)
NO. 1353/2022 PASSED BY THE HON'BLE SUPREME COURT.
Exhibit P2 TRUE COPY OF REPORT NO. DOC/M-2438/2017, DATED
09.10.2017, ISSUED BY THE KANNUR GEOLOGIST.
Exhibit P3 TRUE COPY OF THE LETTER NO. DOKAN-DMG/314/2023-M
DATED 15.02.2023 ISSUED BY THE GEOLOGY DEPARTMENT
ITSELF TO VACB.
Exhibit P4 TRUE COPY OF THE COMMON JUDGMENT PASSED BY THE HIGH
COURT OF KERALA IN CRL.M.C. NO. 3947 OF 2023 AND
CRL.M.C. NO. 2228 OF 2023, DATED 10.09.2024.
Exhibit P5 TRUE COPY OF THE SAID REPRESENTATION DATED
18.12.2024 SUBMITTED BY THE PETITIONER TO THE
RESPONDENTS.
