Court closed the writ petition seeking direction to the government to investigate malpractice, holding that the petitioner has an alternate remedy by filing a private complaint. Liberty granted to approach the Jurisdictional Magistrate.
Writ petition closed; liberty granted to file a private complaint before the Jurisdictional Magistrate.
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.
W.P.(C).No.4299/2020
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
TUESDAY, THE 21ST DAY OF JUNE 2022 / 31ST JYAISHTA, 1944
WP(C) NO. 4299 OF 2020
PETITIONER/S:
RAMACHANDRAN,
AGED 62 YEARS, S/O.VASUDEVAN, MENAMPARAMBIL HOUSE, KOOTANADU P.O, PATTAMBI, PALAKKAD 679 533.
NOW RESIDING AT MENAMPARAMBIL HOUSE, MUDUR P.O, PONNANI, MALAPPURAM 679 578.
BY ADVS.
T.I.UNNIRAJA S.G.SREEKANTH S.VISHNU
RESPONDENTS:
VIGILANCE AND ANTI CORRUPTION BUREAU, VIKAS BHAVAN P.O, PMG, THIRUVANANTHAPURAM 695 033.
W.P.(C).No.4299/2020
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5 RANJANA P, AGED 57 YEARS, D/O.SARADA, RESIDING AT PALLERI HOUSE, KOOTANADU, PALAKKAD 679 533. BY ADVS. R1 TO R4 BY SRI.SUDHEER GOPALAKRISHNAN, GOVERNMENT PLEADER SRI.SANTHEEP ANKARATH SRI.J.RAMKUMAR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C).No.4299/2020
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JUDGMENT
The prayer sought for by the petitioner in this writ petition is to direct the respondents 1 to 4 to investigate into allegations in Exts.P4 and P6 complaints at the earliest. The allegation raised in Ext.P4 is pertaining to certain malpractice committed by the 5th respondent, who is none other than the estranged wife of the petitioner herein, with respect to certain entries made in the attendance register of the school in which she was working. Some of the entries were allegedly made therein, while she was abroad.
W.P.(C).No.4299/2020
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result, this writ petition is closed, leaving open the liberty of the petitioner to file a private complaint highlighting his grievance before the Jurisdictional Magistrate.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE
DG/22.6.22
W.P.(C).No.4299/2020
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APPENDIX OF WP(C) 4299/2020
PETITIONER EXHIBITS
| EXHIBIT P1 | TRUE COPY OF THE ORDER IN CMP 1797/2018 IN MC 57/2018 DATED 18/05/2018 |
|---|---|
| EXHIBIT P2 | TRUE COPY OF THE RELEVANT PAGE OF THE PASSPORT OF THE 4TH RESPONDENT |
| EXHIBIT P3 | TRUE COPY OF THE RELEVANT PAGE OF ATTENDANCE REGISTER OF THE 4TH RESPONDENT |
| EXHIBIT P4 | TRUE COPY OF THE COMPLAINT LODGED BY THE PETITIONER BEFORE 3RD RESPONDENT DATED 09/03/2019 |
| EXHIBIT P5 | TRUE COPY OF THE POSTAL RECEIPT DATED 09/03/2019 |
| EXHIBIT P6 | TRUE COPY OF THE COMPLAINT LDGED BY THE PETITIOENR BEFORE 3RD RESPONDENT DATED 09/03/2019 |
| EXHIBIT P7 | TRUE COPY OF THE REPLY LETTER NO. 22/RTI/ M3/2019 DATED 14/12/2019 UNDER RIGHT TO INFORMATION ACT |
1 issue framed by the court
Whether the Writ Court should entertain a petition seeking investigation into alleged malpractice given the existence of an alternate remedy.
RAMACHANDRAN
STATE OF KERALA
RANJANA P
ZIYAD RAHMAN A.A.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
