Kerala High Court
Sujith Chandran Nair K vs State Of Kerala on 22 September, 2025
2025:KER:70609
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
MONDAY, THE 22ND DAY OF SEPTEMBER 2025 / 31ST BHADRA, 1947
WP(CRL.) NO. 1203 OF 2025
PETITIONERS:
SUJITH CHANDRAN NAIR K
AGED 66 YEARS
S/O. LATE KUTTANPILLA, SULU VILLA,
MOONU KALLINMOOD, NEYYATTINKARA,
THIRUVANANTHAPURAM, PIN - 695121
BY ADVS.
SHRI.SREEJITH S. NAIR
SRI.SATHEESH MOHANAN
SMT.MAHIMA
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY SECRETARY,
HOME DEPARTMENT, GOVERNMENT SECRETARIATE,
THIRUVANANTHAPURAM, PIN - 695001
2 THE DIRECTOR, DIRECTORATE OF VIGILANCE AND ANTI
CORRUPTION,
THIRUVANANTHAPURAM, NEAR MUSCUT HOTEL,
PMG LAW COLLEGE ROAD, VIKAS BHAVAN
THIRUVANANTHAPURAM, PIN - 695033
3 THE SUPERINTENDENT OF POLICE
VIGILANCE AND ANTI CORRUPTION BUREAU,
THIRUVANANTHAPURAM, SHASTRI NAGAR, POOJAPURA,
THIRUVANANTHAPURAM, PIN - 695012
4 THE DEPUTY SUPERINTENDENT OF POLICE
VIGILANCE AND ANTI-CORRUPTION BUREAU (VACB) IN
THIRUVANANTHAPURAM IS SAMPTHRIPTHI, T.C. NO.
16/158, EVRA-392, EASWARA VILASAM ROAD, NEAR
CARMEL SCHOOL, VAZHUTHACAUD, THIRUVANANTHAPURAM,
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WP(CRL.) NO. 1203 OF 2025
2
PIN - 695014
5 THE STATION HOUSE OFFICER
MARAYAMUTTOM PS, MARAYAMUTTOM,
THIRUVANANTHAPAURAM, PIN - 695131
SRI.RAJESH A, SPECIAL PUBLIC PROSECUTOR, VACB
SMT.REKHA S, SR.PUBLIC PROSECUTOR, VACB
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 22.09.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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WP(CRL.) NO. 1203 OF 2025
3
JUDGMENT
Dated this the 22nd day of September, 2025
The defacto complainant in VE:04/2023/SRT,
registered on 03.05.2023, has filed this writ petition under
Article 226 of the Constitution of India with the following
prayers:
"(i) Issue a Writ of Mandamus, or any
other appropriated writ, order or direction,
commanding the 2nd respondent to forthwith file the
enquiry report in VE : 04/2023/SRT, in accordance
with law and within a time frame as fixed by this
Hon'ble Court;
(ii) Direct the 2nd respondent to
consider and respond to the petitioner's RTI
application and provide complete details regarding the
status of the enquiry."
2. Heard the learned counsel for the petitioner
and the learned Government Pleader appearing for the State.
3. The learned counsel for the petitioner
reiterated the grievance of the petitioner in the matter of not
getting the enquiry finalized and the inordinate delay in
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WP(CRL.) NO. 1203 OF 2025
completing the investigation.
4. The learned Public Prosecutor would submit
that the allegations are pertaining to the period during 2010
and therefore, there occurred delay in completing the enquiry
and further time is required in this regard. A report of the
inspector of police VACB, Southern Range,
Thiruvananthapuram, dated 12.09.2025, has been filed and in
paragraph Nos.3 and 4, it has been stated as under:
"3. As part of Enquiry, recorded the statement of
9 witnesses, including the petitioner and collected 14
documents. The documents collected includes certified
copy of the application for Pokkuvaravu of land
submitted by Sri. Sasikumaran Nair at Perumkadavila
Village Office under Exchange deed No. 2351/2010
dated 23.11.2010, certified copy of Pokkuvaravu
kanakku for land in Exchange Deed No. 2351/2010 in
Perumkadavila Village, certified copy of the application
for Pokkuvaravu of land in Deed No. 1002/2005
submitted by Smt.Thankamani at the Perungkadavil
Village Office, certified copy of Pokkuvaravu kanakku for
land in Deed No. 1002/2005 in Perumkadavila Village,
report provided by the Perumkadavila Village Officer to
the Neyyattinkara (Land Revenue) Tahsildar on 03-12-
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WP(CRL.) NO. 1203 OF 2025
2022, regarding the property included in Survey Number
226/6-4-1, certified copy of attendance registers of the
Perumkadavila Village Office for the period from 01-11-
2010 to 28-02-2011, certified copy of Receipt of tax for
the properties in Sy No. 226/6-1 and 226/6-2 for the year
2020-2021, certified copy of Receipt of tax for the
properties in Sy No. 226/6-1 and 226/6-2 for the year
2023-2024, certified copy of the Thandapper number
13305, registered in the name of Sri. Sujith Chandran
Nair, in Perumkadavila Village, certified copy of the
Thandapper number 16845, registered in the name of
Sri.Sasikumaran Nair in Perumkadavila Village, certified
copy of the Thandapper number 19493, registered in the
name of Smt. Thankamani in Perumkadavila Village,
certified copy of the Thandapper number 23489,
registered in the name of Smt. Maya in Perumkadavila
Village, certified copy of the Thandapper number 24177,
registered in the name of Sri.Sasikumaran Nair, in
Perumkadavila Village, certified copy of the Thandapper
number 24266, registered in the name of Smt.
Thankamani, in Perumkadavila Village and certified
copy of the order issued by the Thiruvananthapuram
Sub-Collector on
12-03-2024, based on the report provided by the
Perumkadavila Village Officer.
4. The petitioner approached VACB
with the complaint that 24 cents of property of him in
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Thandapper 13305, Re-Survey No. 226/6-1 and 226/6-2
in Perumkadavila Village were encroached and illegally
occupied by his brother Sasikumaran Nair and his wife
Thankamani with the help of Village Officer Sri.Jayarus.
On enquiry, it is found that the property owned by the
petitioner in Re-Sy 226/6-1 has an extent of 24.60 ares
instead of 34.30 ares and another property in Re-Sy No.
226/6-2 has an extent of 34.30 ares instead of 24.60
ares. While knowing about this, Revenue Department
has taken corrective steps to address the issue and
rectified the same and the petitioner remitted tax for the
two properties as per Receipt No. KL01042208145/2024
on 18-07-2024. In this regard, the role of any Village /
Revenue officials in committing omission or acted with
malafide intentions has been verified. The enquiry is in
final stage and report will be submitted in a short span of
time."
4. Even though the allegations are pertaining to
the period during 2010, there must be finalisation of the
enquiry within a time frame as the enquiry started during 2023.
5. In view of the above, I am inclined to allow
this petition, directing the officer conducting enquiry to finalise
the same within a period of three months from today and file
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the report in this regard before this Court.
6. In the event of failure on the part of the officer
concerned, the petitioner is at liberty to approach this court
seeking the same relief and to address his grievance.
Sd/-
A. BADHARUDEEN
JUDGE
nkr
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WP(CRL.) NO. 1203 OF 2025
APPENDIX OF WP(CRL.) 1203/2025
PETITIONER EXHIBITS
EXHIBIT P1 THE TRUE COPY OF THE COMPLAINT
SUBMITTED BY PETITIONER BEFORE THE 3RD
RESPONDENT WITH RECEIPT
EXHIBIT P2 THE TRUE COPY OF THE FIR IN CRIME NO.
68/2021 OF MARAYAMUTTOM POLICE
STATION, THIRUVANANTHAPURAM DISTRICT
EXHIBIT P3 THE TRUE COPY OF THE COMPLAINT FILED
BEFORE THE MARAYAMUTTOM POLICE STATION
WITH RECEIPT
EXHIBIT P4 THE TRUE COPY OF THE COMPLAINT FILED
BEFORE THE 3RD RESPONDENT DATED
04/10/2024
EXHIBIT P5 THE TRUE COPY OF THE RTI APPLICATION
SUBMITTED TO THE 4TH RESPONDENT
EXHIBIT P6 THE TRUE COPY OF THE REPLY OF THE 4TH
RESPONDENT PURSUANT TO EXT.P5
