Court : Kerala
Reported in : (1972)IILLJ509Ker
P. Subramanian Poti, J.1. The petitioner is the II Member of the Board of Revenue of the Kerala State, now under suspension. Justice M. U, Isaac of This Court had been appointed as Commissioner under the Commissions of Inquiry Act, 1952, to enquire into certain matters relating to the acquisition of land for the Kerala Agricultural University. In the light of the facts that came out in the enquiry conducted by Issac, J., Government contemplated disciplinary proceedings against the petitioner Sri K.K. Ramankutty and this was communicated to him by a memo, dated 12-11-1971, the copy of which is Ext. P-2. Six charges were framed against the petitioner and his statement of defence was called for. At that stage the petitioner came to This Court seeking to quash Ext. P-2 memo of charges on the ground that the charges were, on the face of them, unsustainable. This Court felt that it was too premature to say that the charges were unsustainable and, therefore, the petition O.P. No. 5454 of 1971...
Tag this Judgment!Court : Kerala
Reported in : (1974)IILLJ532Ker
V.P. Gopalan Nambiyar, J.1. We think this writ petition should succeed. The petitioner was a railway pointsman at Irimpanam. By Ext. P2 judgment of the Sub Magistrate, Palghat, he was found guilty under Section 51 of the Kerala Police Act for disorderly drunken behaviour. But the Magistrate released him under Section 3 of the Probation of Offenders Act, 1958 after admonition. In the wake of this, by Ext. P1 proceedings of the Divisional Personnel Officer, Southern Railway, the petitioner was removed from service, on the ground that the conduct which led to his conviction was such as to render further retention in public service, undesirable. The said order was confirmed on appeal by the appellant authority (vide Ex. P3). This writ petition is to quash Exts. P1 and P3 orders. The impugned action was taken under Rule 14 of the Railway Servants Discipline and Appeal Rules, 1968, which reads:14. Special procedure in certain cases--Notwithstanding anything contained in Rules 9 to 13--(i) wh...
Tag this Judgment!Court : Kerala
Reported in : 1978CriLJ522
ORDERP. Janaki Amma, J.1. The petitioner is the accused in P. E. 5 of 1977 on the file of the Judicial Magistrate of the Second Class, Kozhikode. The proceedings against him were initiated on a private complaint. The gist of the complaint is as follows: The complainant is a resident of Purak-kadi amsom in South Wynad. At 2 P. lion 28-8-1975, two constables of the Ba-theri Police Station came to her residence and took her to the police station. There were two officers of the Crime Branch. She was kept in the lock-up. At 11-30 P. M. she was removed to the Batheri Rest House. Two officers of the Crime Branch questioned her about the whereabouts of Damodaran Master and Madhu Master, the study classes conducted by them and also their different activities- She was herself ignorant about those things. On her failure to give proper replies, one of the officers of the Criminal Branch beat 'her on her face and different parts of the body. She was later on removed to the lock-up of the Batheri Po...
Tag this Judgment!Court : Kerala
Reported in : AIR1978Ker43
Kochu Thommen, J.1. The question which arises for our consideration is whether the State is responsible for the wrongful acts committed by its servants in the course of their official duties.2. This appeal arises from the judgment of the Subordinate Judge of Kozhikode in a suit for damages. The 1st defendant, the State of Kerala, is the first appellant before us. The trial court found that the plaintiff was injured as a result of the negligence of the 2nd defendant who was an employee of the 1st defendant and that both the defendnts were liable in damages to the plaintiff.3. The facts of this case may be briefly stated as follows: On the morning of 11-12-1966, the plaintiff who was a student of St. Joseph's College, Devagiri, Calicut, was knocked down by a jeep car (Reg. No. K.L.D. 476) while crossing the Cannanore road. The jeep belonged to the Government of Kerala, the 1st defendant, and it was driven by V.V. Sreenivasan, the 2nd defendant. The Revenue Divisional Officer, Calicut, wa...
Tag this Judgment!Court : Kerala
Reported in : (1978)IILLJ450Ker
Chandrasekara Menon, J.1. The petitioner is a permanent lecturer in the Department of Physics of the S.N.M. College, Maliankara, which is under a corporate Educational Agency known as H.M.D.P. Sabha at Vadakekara, Parur. The first respondent in the O.P., is the Chairman of the Managing Council of the College as well as the Manager of the Institution while the Principal is its ex-officio Secretary. The petitioner alleges in the writ petition that the present Principal who is a local man with considerable influence over the Sabha is an intriguer of some sort who creates difficulties for those who stands up to him.2. According to the petitioner, the college being only a junior college in respect of science with only lecturers with equal status and duties in the department of Physics, the principal is alleged to have unauthorisedly raised one of the lecturers in the department, said to be a favourite of his as head of the department. Though this action raised a mild protest among the membe...
Tag this Judgment!Court : Kerala
Reported in : 1984CriLJ717
ORDERU.L. Bhat. J.1. The complainant in Crl. M. P. No. 2360 of 1982 on the file of the Judicial Magistrate of the Second Class No. II Trichur, who filed the complaint against Sub-Inspector of Police. Anthicad Police Station alleging offences under Sections 379 and 384. IPC. being aggrieved by the order of the Magistrate dismissing the complaint for want of sanction under Section 197 of the Criminal P. C. has filed this criminal revision petition.2. There can be no doubt that Sub-Inspector of Police is a public servant within the meaning of Section 21 IPC. The question is whether a complaint against a Sub-Inspector of police would fall within Sub-section (1) of Section 197 of the Criminal P. C. in which case alone sanction of the State Government will be necessary for any prosecution. The learned Magistrate took the view that Section 197(1) will apply in the case of prosecution of a Sub-Inspector of police and this view is contested by the revision petitioner.3. The main part of Sub-sec...
Tag this Judgment!Court : Kerala
Reported in : (1984)ILLJ118Ker
Bhaskaran, A.C.J.1. The petitioner who was an Assistant Station Master at Ambur Railway Station of the Madras Division, Southern Railway, Madras, headed by the 4th respondent, the General Manager, Southern Railway, Madras, was ordered to be removed from service by Ext. P. 13 penalty advice dated 26th August, 1982 issued by the 2nd' respondent, the Divisional Operating Superintendent, Southern Railway, Madras. The writ petition is for the quashing of Ext. P. 13 and for the issue of a writ of mandamus directing the respondents to reinstate the petitioner in service with all attendant benefits.2. The petitioner was appointed to the post of Assistant Station Master, on completion of his training, by the 4th respondent by his order dated 2nd January, 1964, a true copy of which is Ext. P. 1; the petitioner was, during the material time, the elected Secretary (Finance) of the All India Station Masters' Association, Southern Zone; an extract of Article 3 of the Constitution dealing with the ob...
Tag this Judgment!Court : Kerala
Reported in : 1985CriLJ120
ORDERU.L. Bhat, J.1. The Sub Inspector of Chathannoor Police Station registered a case as Crime No. 14 of 1982 against the petitioner and 16 others for offences Under Sections 143, 144, 188, 427, 447 and 506. IPC, read with Section 149, IPC, and after investigation, laid the final report and the court in due course took cognizance in regard to all the offences and issued process. It is to quash the proceedings that one of the accused has filed this petition Under Section 482, Cr.P.C, (for short the 'Code').2. Obviously, there was a dispute regarding an alleged pathway between the petitioner and others. It appears the Revenue Divisional Officer (Obviously the Executive Magistrate) Quilon issued an order on 6-2-1982 to maintain the pathway. The final report states that all the accused violated the order and distroyed the pathway. The final report proceeds to state that the accused trespassed into the land of CW. 1, destroyed the fence and the compound wall of CW. 1, levelled that portion...
Tag this Judgment!Court : Kerala
Reported in : AIR1985Ker111
V. Bhaskaran Nambiar, J.1. The formation of a public sector Corporation exclusively licensed for possession and supply of foreign liquor in wholesale, in the entire State of Kerala is the main subject of challenge in these writ petitions.2. Regulated and restrained by the Kerala Abkari Act and the rules, Cochin Wines and Allapat Brothers, two partnership concerns carrying on business in liquor hold licences in Form F.L. 1 which assure them 'the privilege of supplying foreign liquor by wholesale and selling in retail' and the 'right to vend foreign liquor in specified shops subject the the terms and conditions of their license. The conditions of the licence and the relevant rules insist that the licencee shall purchase his supplies of foreign liquor only from the Corporation owned by the Government and holding an F.L. 9 licence.3. Kerala Abkari Act consolidates and amends the law relating to the import, export, transport, manufacture, sale and possession of intoxicating liquor, and of i...
Tag this Judgment!Court : Kerala
Reported in : AIR1987Ker159
ORDERK. Sreedharan, J.1. The 4th accused in C.C. 1781/83 on the file of the Judicial II Class Magistrate II, Trivandrum is the petitioner in Crl. M.C. 319/83. Third accused in the said case has preferred Crl. M.C. 320/83, These petitions are for quashing the complaint in the said case. 2. The material averments made by the petitioners in these petitions, in a nut-shell, are as follows : -- The petitioner in M.C. 319/83 is working as Security Officer, Government Secretariat, having lien as Circle Inspector of Police, S.A.P. -- C -- Company, Trivandrum. The petitioner in Crl. M.C. 320/83 is Circle Inspector of Police working in Trivandrum District. Petitioners were deployed for duty in the Legislative Assembly to assist the Watch and Ward of the Kerala Legislative Assembly which was subjected to serious law and order situation within the Assembly premises. The petitioners had been specifically instructed to prevent the unlawful entry of others into the Legislative Assembly Hall to mainta...
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