Kerala High Court
Muhammedshammas.P vs State Of Kerala on 25 September, 2025
2025:KER:71988
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
THURSDAY, THE 25TH DAY OF SEPTEMBER 2025 / 3RD ASWINA, 1947
WP(CRL.) NO. 1097 OF 2025
PETITIONER:
MUHAMMEDSHAMMAS.P
AGED 30 YEARS
S/O.SHAUKKATHALY,PERINGALON,KUPPOL,PERINGOME.P.O,KANNUR-
NOW RESIDING AT PERINGALON - A-1002 OCEANUS SPANDANA,
THANA - P.O.,KANNUR DISTRICT, PIN - 670012
BY ADV SHRI.M.BAIJU NOEL
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS CHIEF SECRETARY TO GOVERNMENT GOVERNMENT
OF KERALA, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM,
PIN - 695001
2 THE HOME DEPARTMENT
REPRESENTED BY ITS SECRETARY, GOVERNMENT OF KERALA
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
3 THE DIRECTOR GENERAL
VIGILANCE AND ANTI CORRUPTION BUREAU, PMG, VIKAS BHAVAN,
P.O., OPPOSITE KSRTC DEPOT, THIRUVANANTHAPURAM, PIN - 695033
4 P. P DIVYA
FORMER KANNUR DISTRICT PANCHYATH PRESIDENT, W/O V.P AJITH
THEJAS IRINAVU P.O KANNUR, PIN - 670301
ADDL R5 THE ADDITIONAL CHIEF SECRETARY,
HOME AND VIGILANCE DEPARTMENT, THIRUVANANTHAPURAM
(ADDL R5 IS IMPLEADED AS PER THE ORDER DATED 25.09.2025 IN
THE WRIT PETITION)
SPL PP VACB - RAJESH.A, SR PP VACB - REKHA.S
THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON
25.09.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:71988
W.P.(Crl). No. 1097 of 2025
2
JUDGMENT
Dated this the 25th day of September, 2025
This writ petition (criminal) has been filed under Article
226 of the Constitution of India by the petitioner seeking the
following prayers:
i) Issue a writ of Mandamus or any other
appropriate Writ, Order or Directions to the
3rd Respondent to register a case against
the 4th respondent after conducting a
preliminary Enquiry on the basis of the
Exhibit-P9 representation submitted by the
petitioner.
ii) Issue a writ of Mandamus or any other
appropriate Writ, Order or Directions to the
3rd respondent to conduct a preliminary
Enquiry on the basis of the Exhibit-P9
representation submitted by the petitioner.
iii) To dispense with filing of the translation
vernacular documents: and
iv) Issues any other appropriate writ, order or
direction as the Hon'ble Court may deem
fit on the facts and circumstances of the
case and allow this petition with all costs.
2. Heard both sides, in detail. Perused the relevant
2025:KER:71988
records.
3. In this matter, the main grievance of the petitioner
is non registration of case against the 4th respondent, by the
3rd respondent on the basis of Ext.P9 representation
submitted by the petitioner before the 3rd respondent.
4. At the time of hearing, it is submitted by the
learned counsel for the petitioner that, the case was not
registered against the 4th respondent, based on Ext.P9
representation, for want of prior approval under Section 17A
of the Prevention of Corruption (Amendment) Act, 2018
[hereinafter referred as 'P.C. Act' for short] by the Vigilance.
5. In response to the submission made by the learned
counsel for the petitioner, the learned Public Prosecutor
would submit that, the file, including Ext.P9 was forwarded to
the additional 5th respondent and the 3rd respondent is
awaiting prior approval, to act upon Ext.P9 representation.
6. At this juncture, the learned counsel for the
petitioner submitted that, this petition may be disposed of,
directing the additional 5th respondent to consider approval,
necessary under Section 17A of the P.C. Act, 2018, within a
time frame, to proceed further.
2025:KER:71988
7. This plea was not opposed by the learned Public
Prosecutor, since already the file has been forwarded to the
additional 5th respondent.
8. In such view of the matter, this writ petition stands
disposed of, with direction to the additional 5 th respondent to
consider approval under Section 17A of the P.C. Act, 2018,
sought for by the 3rd respondent and pass orders therein,
within a period of two months, from the date of receipt of a
copy of this judgment, since the file has been already
forwarded on 08.07.2025.
Accordingly, this writ petition stands disposed of as
indicated above, with liberty to the petitioner to approach
this Court, if his grievance remains to be addressed,
hereafter.
Sd/-
A. BADHARUDEEN
SK
JUDGE
2025:KER:71988
APPENDIX OF WP(CRL.) 1097/2025
PETITIONER EXHIBITS
Exhibit -P1 TRUE COPY OF THE INFORMATION ABOUT THE CARTON INDIA
ALLIANCE PRIVATE LIMITED COMPANY REGISTERED AS
069918 AT REGISTRAR OF COMPANIES ERNAKULAM
Exhibit -P2 TRUE COPY OF RELEVANT PAGES OF THE AUDIT REPORT
PUBLISHED BY THE KERALA STATE AUDIT DEPARTMENT FOR
THE YEAR 2022-2023 OF KANNUR DISTRICT PANCHAYAT
Exhibit -P3 TRUE COPY OFF THE RELEVANT PAGES OF THE AUDIT REPORT
PUBLISHED BY THE KERALA STATE AUDIT DEPARTMENT FOR
THE YEAR 2023-2024 OF KANNUR DISTRICT PANCHAYAT
Exhibit -P4 TRUE COPY OF THE REPLY LETTER AS PER RIGHT TO
INFORMATION ACT OBTAINED BY THE PETITIONER IN
CONNECTION WITH VARIOUS WORKS TENDERED BY THE
NIRMIDHI KENDRA KANNUR AS NO. LSGD/DP/KNR/149/2024-
C2 DATED 21.11.2024 ISSUED BY THE DISTRICT PANCHAYAT
Exhibit -P5 TRUE COPY OF THE REPLY LETTER OBTAINED BY THE
PETITIONER FROM STEEL INDUSTRIAL KERALA LIMITED
(SILK) AS NO.SILK/HRD/II(47)2025/484 DATED
27.05.2025
Exhibit -P6 TRUE COPY OF THE SALE DEED NO.3296/1/2021 DATED
15.11.2021 OF SUB REGISTRAR OFFICE ALAKKOD,KANNUR
DISTRICT
Exhibit -P7 TRUE COPY OF THE SALE DEED NO.3545/1/2021 DATED
01.12.2021 OF SUB REGISTRAR OFFICE ALAKKOD,KANNUR
DISTRICT
Exhibit -P8 TRUE COPY OF THE SALE DEED NO.3544/1/2021 DATED
01.12.2021 OF SUB REGISTRAR OFFICE ALAKKOD,KANNUR
DISTRICT
Exhibit -P9 TRUE COPY OF THE COMPLAINT SUBMITTED BY THE
PETITIONER BEFORE THE 3RD RESPONDENT DATED
21.02.2025
Exhibit -P10 TRUE COPY OF THE REPLY UNDER RTI ACT NO.RTI-
13689/2025/DVACB DATED 19.04.2025
