High Court of KeralaWP(C)/31483/2015disposed of

Abdul Khader v. State Of Kerala

2015-10-29Honourable Mr. Justice B.Kemal Pasha4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA THURSDAY, THE 29TH DAY OF OCTOBER 2015/7TH KARTHIKA, 1937 WP(C).No. 31483 of 2015 (I) ---------------------------- PETITIONER :

---------------------- ABDULKHADER M.S., AGED 38 S/O.SEETHI, MALAYAMKUNNATH HOUSE, CHAZHIYATTIRI P.O., THIRUMITTAKKOD, PALAKKAD DISTRICT.

BY ADV. SRI.K.A.MANZOOR ALI RESPONDENTS :

--------------------------

1. STATE OF KERALA REPRESENTED BY DIRECTOR GENERAL OF POLICE POLICE HEAD QUARTERS, THIRUVANANTHAPURAM - 695001.

2. THE DISTRICT SUPERINTENDENT OF POLICE OFFICE OF THE SUPERINTENDENT OF POLICE PALAKKAD - 678001.

3. SUB INSPECTOR OF POLICE CHALLISSERY POLICE STATION, PALAKKAD DISTRICT - 679536.

4. P.M. RAJESH, AGED 44 YEARS S/O.KRISHNANBHATTATHIRIPPAD, PALLIPATTU MANA CHAZHIYATTIRI P.O., PALAKKAD DISTRICT - 679537. R1 TO R3 BY PUBLIC PROSECUTOR SMT. P. MAYA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Mn ...2/-

WP(C).No. 31483 of 2015 (I) --------------------------------------- APPENDIX PETITIONERS' EXHIBITS :

------------------------------------- EXT. P1:- TRUE COPY OF THE ORDER DTD. 13/5/2015 PASSED BY THE ENQUIRY COMMISSIONER AND SPECIAL JUDGE, THRISSUR.

EXT. P2:- TRUE COPY OF THE COMPLAINT DTD. 19/9/2015 FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

EXT. P3:- TRUE COPY OF THE COMPLAINT DTD. 3/10/2015 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

EXT. P4:- TRUE COPY OF THE COMPLAINT DTD. 3/10/2015 FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

EXT. P5:- TRUE COPY OF THE POSTAL RECEIPTS.

RESPONDENT(S)' EXHIBITS : NIL ----------------------------------------------------------- //TRUE COPY// P.S. TO JUDGE Mn

B.KEMAL PASHA, J.

================ W.P.(C) No. 31483 of 2015 ======================= Dated this the 29th day of October, 2015

JUDGMENT

The petitioner is alleging irregularities and illegalities in the re-tarring work of Pallipadam-Padmanabhanpadi Malayakam Road, alleging that the funds of the Panchayat to the tune of 12,24,519/- was misappropriated, thereby ₹ causing loss to the state exchequer.

2. A similar complaint was raised by one Hamsa and he had filed a complaint before the learned Enquiry Commissioner and Special Judge, Thrissur. Vide order dated 13.05.2015, the matter was referred to the Deputy Superintendent of Police, Vigilance and Anti-Corruption Bureau, Palakkad for a quick verification. It seems that on getting the complaint forwarded, the Vigilance and AntiCorruption Bureau conducted a quick verification by way of spot verification as well as verification of documents

W.P.(C) No. 31483 of 2015 including measurement book. They have reported that no irregularities could be traced out.

3. The learned Public Prosecutor has produced the report of the Director, Vigilance and Anti-Corruption Bureau, dated 15.11.2014. It has been reported that the allegations are baseless and therefore, all further actions are dropped in the matter. Matters being so, no fruitful purpose would be served in carrying out any further investigation in the matter.

In the result, this Writ Petition is dismissed. Sd/- B.KEMAL PASHA, JUDGE stu