Court : Kerala
Ashok Bhushan, CJ. 1. These appeals raise common questions of law and facts and hence, were heard together and decided by this common judgment. W.A.No.1381 of 2006 has been filed against the judgment dated 1.3.2006 in W.P.(C) No.23692 of 2005, whereas, all other appeals have been filed against the common judgment of the learned Single Judge dated 13.9.2007 delivered in W.P.(C) No.21379 of 2006 and seven other writ petitions of 2007. All the writ petitions arise out of the orders passed by the Kerala Lok Ayukta deciding the complaints. It shall be sufficient to note in detail the facts in W.A.No.1381 of 2006 and facts in W.A.No.86 of 2008 for deciding all the other writ appeals. W.A.No.1381 of 2006 2. Nine policemen of the District Armed Reserve Police, Thiruvananthapuram were dismissed by order of the Government dated 26.6.1974 in exercise of power under sub clause (c) of the proviso to Clause (2) of Article 311 of the Constitution of India. Ali Akbar, the husband of the first responde...
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Ashok Bhushan, C.J. 1. This writ appeal has been filed by the 1st respondent to the writ petition against the judgment dated 09.12.2015 in W.P.(C) No.2705 of 2010. The writ petition was filed by the State authorities challenging the order of the Kerala Lok Ayukta dated 03.12.2008 by which order the Lok Ayukta directed the State Government to sanction pensionary benefits to the complainant(appellant) as provided in Clause 4B of Government Order dated 02.05.1968. Aggrieved by the order of the Lok Ayukta, the State has filed the writ petition which has been allowed by the learned Single Judge by the impugned judgment. 2. The learned Single Judge took the view that the Kerala Lok Ayukta could not have exercised any authority to sanction or non-sanction of pensionary benefits, which cannot be classified as maladministration within the meaning of the Lok Ayukta Act. The learned Single Judge also noticed that the complainant took voluntary retirement on 13.01.2000 whereas the complaint was fi...
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1. The first accused in C.C.No.29/1998 on the file of the Special Judge (SPE/CBI-II), Ernakulam is the appellant in Crl.A.No.434/2001, while Crl.A.No.439/2001 was filed by the second accused in the same case. Both the accused were charge sheeted by the Inspector of Police, (SPE/CBI), Kochi in R.C.5/A/95/CBI/SPE/KER under section 120 B of the Indian Penal Code read with sections 7 and 13(1)(d) of the Prevention of Corruption Act, 1988 (hereinafter referred to as 'the P.C.Act') and section 13(2) read with section 13(1)(d) of the P.C. Act. 2. The case of the prosecution in nutshell was that the first accused was working as the Principal in Regional Vocational Training Institute for Woman, Kazhakkoottam (hereinafter referred to as 'RVTI' in short), while the second accused was his friend and both of them conspired together to demand bribe from PW1 for the purpose of providing employment of peon in the institution for which he was shortlisted for appointment and on account of the conspiracy...
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1. This original petition invoking Article 226 of the Constitution of India is filed challenging Ext.P15 order passed by the District collector under the provisions of the Kerala Escheats and Forfeitures Act, 1964, hereinafter referred to as the Escheats Act and Exts.P18 and P22 decisions of the Land Revenue Commissioner and the Government of Kerala confirming the Collector's decision. 2. Heard the learned Senior Advocate for the petitioner and the learned Senior Government Pleader. 3. Acting on information stated to have been given by a person that the parcel of land with building, which is involved in this litigation; 'property' for short, hereinafter; has escheated, the District Collector directed the Tahsildar to conduct a preliminary enquiry. Through Ext.P13, the Tahsildar reported that the property belonged to Shri Navnagar Sadavarat Trust which is the petitioner in this original petition. The Collector thereafter extended opportunity of hearing to the petitioner and issued the i...
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1. The petitioner, who is the respondent in Ext.P1 complaint filed by the 2nd respondent herein, before the Kerala State Human Rights Commission (hereinafter referred to as 'the Commission') has filed this writ petition seeking a writ of certiorari to quash Ext.P1 complaint and seeking a declaration that the said complaint is not maintainable before the Commission. He has also sought for a writ of certiorari to quash Ext.P3 proceedings dated 11.12.2013 passed by the Commission in Ext.P1 complaint. 2. Going by the averments in Ext.P1 complaint, the 2nd respondent's husband who was an Army Captain died 18 years back while serving the nation, leaving behind herself and two daughters, who are now pursuing their medical and engineering studies at Bangalore. In order to meet the educational expenses of her children, the 2nd respondent was constrained to sell her dwelling house and decided to shift residence to a tenanted premises. The 2nd respondent entrusted Rs.3,00,000/- to the petitioner ...
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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE MONDAY,THE10H DAY OF AUGUST201519TH SRAVANA, 1937 WA.No. 1766 of 2002 (B) ------------------------ AGAINST THE ORDER/JUDGMENT IN OP138361997 of HIGH COURT OF KERALA DATED2805/2002 APPELLANT(S)/RESPONDENTS: ---------------------------------------------- 1. SYNDICATE BANK, REPRESENTED BY ITS GENERAL MANAGER (P), HEAD OFFICE, MANIPAL2 DEPUTY GENERAL MANAGER, SYNDICATE BANK, ZONAL OFFICE, SASTHAMANGALAM TRIVANDRUM BY ADV. SRI.M.P.ASHOK KUMAR RESPONDENT(S)/PETITIONER: -------------------------------------------------- P.I. BABU, PUTHENPEEDIKAYIL HOUSE, KOOTHATUKULAM, KERALA BY ADV. SRI.GRASHIOUS KURIAKOSE (SR.) BY ADV. SRI.GEORGE MATHEWS THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON1007-2015, ALONG WITH WPC. 28914/2009 & COC. 1977/2012, THE COURT ON1008-2015 DELIVERED THE FOLLOWING: WA NO.1766/02 APPENDIX APPELLANTS' EXHIBITS ANNEXURE1 THE PHOTOCOPY O...
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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR MONDAY, THE3D DAYOF AUGUST201512TH SRAVANA, 1937 WP(C).No. 13528 of 2015 (M) ---------------------------- PETITIONER(S)/PETITIONER: ------------------------------------------------ AMRUTHA M GEORGE, AGED28YEARS W/O.JOSE ANTONY ASSISTANT DIRECTOR (DEVELOPMENT)SPICES BOARD RESIDING AT CHACKIATH HOUSE, KNNAMMAVU, ERNAKULAM-683518 BY ADVS.SRI.G.SHRIKUMAR (SR.) SMT.C.S.SINDHU KRISHNAH SRI.R.SANJITH RESPONDENT(S)/RESPONDENTS: ---------------------------------------------------- 1. SPICES BOARD 'SUGANDHA BHAVAN' NH BY PASS, PALARIVATTOM PO COCHIN68202, REP BY ITS CHAIRMAN2 THE CHAIRMAN SPICES BOARD, SUGANDHA BHAVAN', N H BY PASS PALARIVATTOM P O, COCHIN68202 3. THE SECRETARY SPICES BOARD, 'SUGANDHA BHAVAN' N H BY PASS PALARIVATTOM P O, COCHIN68202 R. BY ADV.SMT.K.RADHAMANI AMMA, SC, SPICES BOARD R. BY ADV.SRI.O.V.RADHAKRISHNAN (SR.) R. BY ADV.SRI.ANTONY MUKKATH, SC, SPICES BOARD R BY SRI.ANTO...
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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE V.K.MOHANAN & THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V THURSDAY, THE30H DAY OF JULY20158TH SRAVANA, 1937 WP(Crl.).No. 195 of 2015 (S) ----------------------------- PETITIONER(S): ---------------------- ABDUL RAZACK A.A. AGED29YEARS S/O. A.B.ABDULKHADER(LATE), ADAKKAPARAMBIL HOUSE MUTTICHOOR, PADIYAM P.O., THRISSUR DISTRICT-680 641. BY ADVS.SRI.B.KUMAR (SR) SRI.JOSE ANTONY SRI.O.V.MANIPRASAD RESPONDENT(S): ---------------------------- 1. STATE OF KERALA REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY TO GOVERNMENT HOME DEPARTMENT, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM-695 001.2. THE DISTRICT COLLECTOR AND DISTRICT MAGISTRATE THRISSUR-680 001.3. THE DISTRICT POLICE CHIEF THRISSUR CITY, THRISSUR DISTRICT-680 545.4. THE CIRCLE INSPECTOR OF POLICE PERAMANGALAM, PERAMANGALAM P.O. THRISSUR DISTRICT-680 545.5. THE SUPERINTENDENT OF CENTRAL PRISON KANNUR, PALLIKUNNU P.O., KANNUR-670 004. R1,R2BY GOVERNMENT PLE...
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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE WEDNESDAY, THE15H DAY OF JULY2015/24TH ASHADHA, 1937 WP(C).No. 11822 of 2013 (C) ---------------------------- PETITIONER: ------------------- KARTHIKEYA VARMA @ KARTIK VARMA, AGED48YEARS, S/O.N.U.RAMA VARMA THAMPURAN, D4, KAILAS APARTMENTS, N.F.GATE, TRIPUNITHURA, ERNAKULAM DISTRICT. BY SRI.DUSHYANT A.DAVE (SENIOR ADVOCATE) AVS.SRI.SUNIL NAIR PALAKKAT SRI.K.N.ABHILASH SMT.R.LEELA RESPONDENT(S): -------------------------- 1. THE UNION OF INDIA, REPRESENTED BY THE SECRETARY TO THE MINISTRY OF LAW & JUSTICE OF THE UNION OF INDIA, NEW DELHI, PIN - 110011.2. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE HOME DEPARTMENT, SECRETARIAT, TRIVANDRUM, PIN - 695001.3. THE DEPUTY SUPERINTENDENT OF POLICE, VIGILANCE AND ANTI CORRUPTION BUREAU, ERNAKULAM UNIT, KATHRIKADAVU, ERNAKULAM-682017.4. JOY KAITHARATH, AGED60YEARS, S/O.ANTONY, GENERAL SECRETARY, STATE HUMAN RIGHTS PROTECTION CENTRE, THRISS...
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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN FRIDAY,THE10H DAY OF APRIL201520TH CHAITHRA, 1937 Crl.Rev.Pet.No. 31 of 2013 () ------------------------------ AGAINST THE ORDER IN C.M.P.NO.1561/2010 IN C.C.NO.306/2011 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT - III, KOTTAYAM DATED0610.2012. REVISION PETITIONER(S)/PETITIONER/ACCUSED: ----------------------------------------------------------------------- V.G.VINODKUMAR, DEPUTY SUPERINTENDENT OF POLICE, THIRUVALLA, (FORMERLY CIRCLE INSPECTOR OF POLICE, KOTTAYAM EAST) BY ADVS.SRI.ALAN PAPALI SRI.SOJAN MICHEAL RESPONDENT(S)/COUNTER PETITIONER/COMPLAINANT AND STATE: ---------------------------------------------------------------------------------------------------- 1. STATE OF KERALA - REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM682031.2. SAINABA NAZEER, EDATTUPARAMBIL HOUSE, NEAR ARMED RESERVE CAMP, KEEZHUKUNNU, KOTTAYAM686001. R1 BY PUBLIC PROSECUTOR SMT.V.H.JASMINE. ...
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