Petitioner sought to quash an order and direct initiation of corruption enquiry into alleged collusion in vehicle registration. Court dismissed petition for lack of specific allegations, holding vigilance authority must act on the filed representation. Case is thin.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE THE CHIEF JUSTICE MR.ANTONY DOMINIC & THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU MONDAY, THE 12TH DAY OF FEBRUARY 2018 / 23RD MAGHA, 1939
WP(C).No.4621 of 2018
PETITIONER:
K.A. JOSEPH, KANDATHIL HOUSE, ANIKKADU P. O., KOTTAYAM-686 503.
BY ADVS.SRI.G.BHAGAVAT SINGH SRI.SONNYMON K. MATHEW
RESPONDENTS:
R BY GOVERNMENT PLEADER SRI.TEK CHAND
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12-02-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 4621 of 2018 (S)
APPENDIX
PETITIONER'S EXHIBITS:
| EXHIBIT P1 |
COPY OF THE ORDER NO. C1/14189/TC/2011 DATED 22.11.2017 ISSUED BY THE 2ND RESPONDENT. |
|---|---|
| EXHIBIT P2 |
COPY OF THE NEWS ITEM IN MALAYALA MANORAMA DAILY DATED 16.1.2018. |
| EXHIBIT P2(A) | COPY OF THE ENGLISH TRANSLATION OF EXT. P2. |
| EXHIBIT 3 |
COPY OF THE REPRESENTATION DATED 27.01.2018 FILED BY THE PETITIONER BEFORE THE CHIEF MINISTER OF KERALA AND THE RESPONDENTS. |
| EXHIBIT P4 |
PHOTOCOPY OF THE POSTAL RECEIPTS SENDING THE REPRESENTATION TO THE CHIEF MINISTER AND RESPONDENTS. |
| EXHIBIT P5 |
COPIES OF THE POSTAL ACKNOWLEDGEMENT CARDS PROVING THE RECEIPT OF EXT. P3 BY THE CONCERNED. |
// TRUE COPY //
P.S. TO JUDGE
ANTONY DOMINIC, C.J. & DAMA SESHADRI NAIDU, J.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
W.P.(C)No.4621 of 2018
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 12th day of February, 2018
JUDGMENT
Antony Dominic, C.J.
Prayer in this writ petition is to quash Ext.P1 and to direct the second respondent to issue a fresh order. He also seeks an order
against the third respondent to enquire into the matter by deputing a special team about the corrupt activities of the respective RTOs.
W.P.(C)No.4621 of 2018
: 2 :
for the third respondent to take appropriate action in the matter.
Writ petition is dismissed.
SD/- ANTONY DOMINIC, CHIEF JUSTICE
SD/-
DAMA SESHADRI NAIDU, JUDGE
jes
2 issues framed by the court
Whether this court can grant reliefs for vague allegations of collusion regarding vehicle registration and corruption.
Whether the matter is more appropriate for inquiry by the vigilance authority than judicial intervention at this stage.
K.A. Joseph
The Secretary to Government, Department of Transport
The Commissioner of Transport, Kerala
The Director of Vigilance and Anticorruption Bureau
Antony Dominic
Dama Seshadri Naidu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
