Writ petition regarding enforcement of vigilance investigation reports was finally heard, and counsel submitted it had become infructuous. Consequently, the High Court of Kerala dismissed the petition.
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
MONDAY, THE 01ST DAY OF MARCH 2021 / 10TH PHALGUNA, 1942
WP(C).No.8080 OF 2015(S)
PETITIONER:
CHALAI S DILEEP, AGED 45 YEARS S/O.LATE SHAHUL HAMEED, SUNAINA MANZIL, RUBI NAGAR, CHALAI, THIRUVANANTHAPURAM.
BY ADVS. SRI.D.KISHORE SMT.MINI GOPINATH
RESPONDENTS:
WP(C).No.8080 OF 2015(S)
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8 SANJAY GOYAL S/O.HEM PRAKASH GOYAL, DIRECTOR SOM PROJECTS, RESIDING AT C-8/8302, VASANT KUNJ, NEW DELHI 110 070.
9 NAVENDRA GARG
S/O.K.P.GARG, B34, MOHAN GARDEN, PEEPAL WALI ROAD, UTTAM NAGAR EW DELHI RESIDING AT PUVALLUR APARTMENT, HOUSE NO.B21, NEAR HAJ HOUSE, CALICUT AIRPORT ROAD, KONDOTTY, MALAPPURAM DISTRICT.
10 MUHAMMED SADIQUE HUSSAIN
S/O.MUHAMMED TOHEED/LATE, PROPRIETOR OF KGN CIVIL CONSTRUCTION, RESIDING AT WIND BROOK PALACE, FLAT NO.14D, ALTHARA SQUARE, VELLAYAMBALAM, TRIVANDRUM.
11 NOOHU KHAN S/O.KHADERKANNU VAIDHYAR, PROPRIETOR OF VEEYEM GROUPS ENGINEERS, RESIDING AT VAIDHYALAYAM, NEAR AMMAN COIL, VIZHINJAM P.O, TRIVANDRUM.
R1 BY SRI.K.A.JALEEL, ADDL. ADVOCATE GENERAL SRI. SURIN GEORGE IPE SR GP FOR R1 TO R5
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01-03-2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.8080 OF 2015(S)
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JUDGMENT
Dated this the 1st day of March 2021
S.MANIKUMAR, C.J.
This writ petition is filed seeking direction to the respondents 1 to 3 to enforce the recommendations of the 4th and 5th respondents (the Superintendent of Police and the Deputy Superintendent of Police) in Exts.P5, P6 and P8 reports forthwith.
In view of the above submission, this writ petition is dismissed as infructuous.
SD/S.MANIKUMAR CHIEF JUSTICE
SD/SHAJI P. CHALY JUDGE
jes
WP(C).No.8080 OF 2015(S)
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APPENDIX
PETITIONER'S EXHIBITS:
| EXHIBIT P1 | EXHIBIT P1. COPY OF THE COMPLAINT FILED BY THE PETITIONER AS CRMP NO.703/12 BEFORE THE COURT OF THE ENQUIRY COMMISSIONER AND SPECIAL JUDGE (VIGILANCE) THIRUVANANTHAPURAM. |
|---|---|
| EXHIBIT P2 | EXHIBIT P2. COPY OF THE ORDER DATED 20.10.12 IN CRMP NO.703/12 OF THE COURT OF THE ENQUIRY COMMISSIONER AND SPECIAL JUDGE (VIGILANCE) THIRUVANANTHAPURAM. |
| EXHIBIT P3 | EXHIBIT P3. COPY OF THE JUDGMENT DATED 27.11.12 IN OP(CRL)3784/12 OF THIS HONOURABLE COURT. |
| EXHIBIT P4 | EXHIBIT P4. COPY OF THE PROCEEDINGS NO.15024/B1/12/VIG.DATED 27.11.12 OF THE 2ND RESPONDENT. |
| EXHIBIT P5 | EXHIBIT P5. COPY OF THE COMMUNICATION DATED 22.1.13 ISSUED BY THE 5TH RESPONDENT TO THE 3RD RESPONDENT. |
| EXHIBIT P6 | EXHIBIT P6. COPY OF THE COMMUNICATION DATED 23.1.13 ISSUED BY THE 4TH RESPONDENT TO THE 3RD RESPONDENT. |
| EXHIBIT P7 | EXHIBIT P7. COPY OF FIR IN CRIME NO.VC2/14/SIU-11/14 DATED 20.12.14. |
| EXHIBIT P8 | COPY OF THE PROCEEDINGS NO.VC-02/2014/VACB/SIU-11 DATED 16.1.15 OF THE 4TH RESPONDENT ALONG WITH THE REPORT DATED 1.1.15 OF THE 5TH RESPONDENT. |
| EXHIBIT P9 | TRUE COPY OF THE COMMUNICATION DATED 12.3.2015 ISSUED BY THE 5TH RESPONDENT TO THE 3RD RESPONDENT. |
| EXHIBIT P10 | THE COVERING LETTER TO EXHIBIT P9 ISSUED TO THE PETITIONER BY THE SENIOR SUPERINTENDENT (PUBLIC INFORMATION OFFICER) DATED 15.5.2015. |
| EXHIBIT P10(a) | THE ENGLISH TRANSLATION OF EXHIBIT P10. |
| EXHIBIT P11 | TRUE COPY OF THE PROCEEDINGS PERTAINING TO THE VIGILANCE INVESTIGATION AGAINST THE RESPONDENTS 6 AND 7 SUPPLIED TO THE PETITIONER UNDER THE RIGHT TO INFORMATION ACT. |
| EXHIBIT P11 (a) | THE ENGLISH TRANSLATION OF THE COVERING LETTER TO EXHIBIT P11. |
| EXHIBIT P12 | TRUE COPY OF THE INFORMATION RECEIVED BY THE PETITIONER UNDER THE RIGHT TO INFORMATION ACT ON 1.10.2015 ALONG WITH THE NOTE OF THE HONOURABLE MINISTER AND G.O.(Rt)923/2015/ID DATED 8.9.2015. |
// True copy //
P.S. to Judge
CHALAI S DILEEP
STATE OF KERALA
KERALA SMALL INDUSTRIES DEVELOPMENT CORPORATION LTD
SANJAY GOYAL
NAVENDRA GARG
MUHAMMED SADIQUE HUSSAIN
S. MANIKUMAR
SHAJI P. CHALY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
