Deputy Commissioner filed writ to quash a corruption complaint and direct Lok Ayukta for speedy disposal. Court dismissed the petition, holding remedy lies within Lok Ayukta machinery as inquiry is at evidence stage.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
TUESDAY, THE 18TH DAY OF AUGUST 2020 / 27TH SRAVANA, 1942
WP(C).No.16957 OF 2020(T)
PETITIONER:
SISIR S.V. DEPUTY COMMISSIONER, OFFICE OF THE COMMISSIONER, STATE GOODS AND SERVICE DEPARTMENT, TAX TOWER, KARAMANA, THIRUVANANTHAPURAM.
BY ADVS. SMT.A.K.PREETHA SRI.C.ANIL KUMAR
RESPONDENTS:
1 THE KERALA LOK AYUKTA, VIKAS BHAVAN, LEGISLATIVE COMPLEX, THIRUVANANTHAPURAM, KERALA - 695033,
2 BHIMA ENTERPRISES ELANKATHU COMMERCIAL COMPLEX, OPPOSITE SL THEATRE, THIRUVANANTHAPURAM-695001, REPRESENTED BY ITS MANAGING DIRECTOR,
3 B. GOVINDAN, MANAGING PARTNER, M/S. BHIMA ENTERPRISES, ELANKATHU COMMERCIAL COMPLEX, OPPOSITE SL THEATRE, THIRUVANANTHAPURAM-695001,
W.P.(C).16957/2020
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4 SURESH KUMAR, STATE TAX OFFICER-INTELLIGENCE (SQUAD III), STATE GOODS AND SERVICES DEPARTMENT, MINI CIVIL STATION, NEYYATTINKARA - 695121.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.08.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
Dated this the 18th day of August, 2020
S. Manikumar, CJ.
Petitioner, the Deputy Commissioner of State Goods and Services Department, Thiruvananthapuram, has sought for a writ of certiorari to quash Exhibit P1 complaint made against him by M/s. Bhima Enterprises, Thiruvananthapuram, represented by its Managing Director, before the Lok Ayukta, Thiruvananthapuram.
W.P.(C).16957/2020
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W.P.(C).16957/2020
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pending before the Kerala Lok Ayukta, Thiruvananthapuram. The present complaint filed in January, 2018 and numbered as 440 of 2018. If, for any reason, the petitioner is aggrieved over the pendency of the complaint from 2018, it is always open to the petitioner to approach the Kerala Lok Ayukta for early disposal of the complaint. It cannot be said that there is no other alternate and efficacious remedy for the petitioner than to approach this Court under Article 226 of the Constitution of India for the second prayer.
In the light of the above discussion, writ petition is dismissed.
Sd/S. Manikumar, Chief Justice
Sd/-
Shaji P. Chaly,
sou.
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APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE COMPLAINT NO.440/2018 ON THE FILES OF THE 1ST RESPONDENT. EXHIBIT P2 TRUE COPY OF THE STATEMENT OF FACTS FILED BY THE PETITIONER IN COMPLAINT NO.440/2018 ON THE FILES OF THE 1ST RESPONDENT.
2 issues framed by the court
Whether the writ petition is maintainable to seek quashing of a complaint made to the Lok Ayukta which is at the evidence stage.
Whether a direction can be issued to the Lok Ayukta to dispose of the pending complaint expeditiously.
4 provisions across 3 enactments
Sisir S.V.
The Kerala Lok Ayukta
Bhima Enterprises
B. Govindan
Suresh Kumar
S. Manikumar
Shaji P. Chaly
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
S. Manikumar and Shaji P. Chaly
Parties & counsel
