High Court of KeralaWP(C)/33038/2015dismissed

V.Mohankumar v. The State Of Kerala

2015-11-18Honourable Mr.Justice A.M.Shaffique,Honourable The Chief Justice Mr.Ashok Bhushan4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE WEDNESDAY, THE 18TH DAY OF NOVEMBER 2015/27TH KARTHIKA, 1937 WP(C).No. 33038 of 2015 (S) ---------------------------- PETITIONER :

---------------------- V. MOHANKUMAR AGED 64, S/O. VELAPPAN NAIR, RESIDING AT ENGAN HOUSE K.D.H. VILLAGE, MUNNAR.

BY ADV. SRI.K.BABU PAUL RESPONDENTS :

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

1. THE STATE OF KERALA DEPARTMENT OF HOME AFFAIRS REPRESENTED BY THE SECRETARY, HOME DEPARTMENT THIRUVANANTHAPURAM, PIN-695001.

2. THE DIRECTOR GENERAL OF POLICE (VIGILANCE AND ANTI CORRUPTION) THIRUVANANTHAPURAM, PIN-695 001.

R1 & R2 BY STATE ATTORNEY SRI. P. VIJAYARAGHAVAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Mn ...2/-

WP(C).No. 33038 of 2015 (S) --------------------------------------- APPENDIX PETITIONERS' EXHIBITS :

------------------------------------- EXHIBIT P1THE TRUE COPY OF THE COMPLAINT DESCRIBING IN DETAIL THE CORRUPTION CREPT IN THE PANCHAYATS.

EXHIBIT P2THE POSTAL RECEIPT EVIDENCING THE DISPATCH OF EXT. P1 DT. 15-07-2015.

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

ASHOK BHUSHAN, C.J. & A.M. SHAFFIQUE, J.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 33038 OF 2015 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 18th day of November, 2015

JUDGMENT

Ashok Bhushan, C.J.

Heard learned counsel for the petitioner and learned Government Pleader.

2. This writ petition has been filed seeking a direction to the 2nd respondent to consider Ext.P1. Petitioner's case is that he has filed a detailed complaint to the 2nd respondent, i.e. Director General of Police (Vigilance and Anti Corruption) on 14.07.2015 raising various allegations regarding different public sector organizations and against tri-level Panchayat system. It is submitted that there was corruption involved in the works of the Panchayat. Though a complaint was filed as early as on 14.07.2015, no action has been taken.

Learned Government Pleader opposing the writ petition contended that the remedy of the petitioner is to approach the Vigilance Court in the event no action has been

WP(C) No. 33038 of 2015 -:2:- taken on his complaint and it is the appropriate forum and procedure for raising any allegation or grievance against public servant.

We are of the view that the petitioner is having an adequate remedy for redressal of his grievance and it is not a fit case to be entertained as Public Interest Litigation. The Writ Petition is hence dismissed.

Ashok Bhushan, Chief Justice.

A.M. Shaffique, Judge.

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