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2015 Supreme(Ker) 122

ASHOK BHUSHAN, A.M.SHAFFIQUE
Joy Kaitharath – Appellant
Versus
State of Kerala, represented by Principal Secretary To Government, Thiruvananthapuram – Respondent


Advocate Appeared:
For the Petitioner:K.C. Eldho, Jijo Thomas, M. Malleenathan, Aneesh James, Anil R. Nath, Advocates.
For the Respondents:K.P. Dandapani, Advocate General, Girija Gopal, Special Govt. Pleader.

Judgment

Ashok Bhushan, J.

1. This Writ Petition is filed by the petitioner, claiming to be human right activist, as a public interest litigation with the following reliefs:

"a) Issue a writ of mandamus, or any other appropriate writ, order or direction compelling the 2nd respondent to register a FIR on the basis of Exhibits P1 and P3 applying the principles laid down by the Hon'ble Apex Court in Lalithakumari v. State of UP and others.

b) Issue a writ of mandamus, or any other appropriate writ, order or direction compelling the 1st respondent to take action against the respondents 2 and 3 in not registering the FIR on receipt of Exhibits P1 and P3."

2. Brief facts of the case giving rise to the Writ Petition are:

The petitioner filed complaint No.964/2014-A before the Kerala Lok Ayukta making allegations against various public servants, who were alleged to have acted in connivance with the private respondents, who unlawfully gained pecuniary benefits. The Kerala Lok Ayukta, on the complaint, directed for a preliminary investigation on 30.7.2014. The Kerala Lok Ayukta directed to investigate into the truthfulness of the allegations raised in Complaint No.964/14. A team was constituted un
























































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