IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE K. BABU WEDNESDAY, THE 26^TH DAY OF JUNE 2024 / 5TH ASHADHA, 1946 WP(C) NO. 22805 OF 2024 PETITIONERS: KALLARA BIJU AGED 52 YEARS S/O MUHAMMED HANEEFA, S.S HOUSE, KALLARA P.O., KALLARA, THIRUVANANTHAPURAM, PIN – 691510.

BY ADV LATHEESH SEBASTIAN RESPONDENTS:

1 STATE OF KERALA REPRESENTED BY CHIEF SECRETARY,SECRETARIATE,THIRUVANANTHAPURAM, PIN – 695001.

2 ADDITIONAL CHIEF SECRETARY HOME AFFAIRS AND VIGILANCE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695001.

3 ADDITIONAL CHIEF SECRETARY LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695001.

4 PRINCIPAL DIRECTOR PANCHAYAT DIRECTORATE, SWARAJ BHAVAN, NANDANCODE, KOWDIAR P.O., THIRUVANANTHAPURAM, PIN – 695003.

5 PANCHAYAT JOINT DIRECTOR LOCAL SELF GOVERNMENT DEPARTMENT, 4TH FLOOR, CIVIL STATION, KUDAPPANAKKUNNU P.O., THIRUVANANTHAPURAM, PIN – 695043.

6 KALLARA GRAMA PANCHAYAT KALLARA P.O., THIRUVANANTHAPURAM - REPRESENTED BY ITS SECRETARY, PIN – 695608.

7 S.S.RAJESH S/O SASIDHARAN PILLAI, KUNNIKKODE HOUSE, PARAKKAL, ALIYAD P.O., THIRUVANANTHAPURAM, PIN – 695607.

8 M.ASHARAF S/O MEERA SAHIB, AYIRAYIL HOUSE, KALLIYODE, PANVAOOR P.O., THIRUVANANTHAPURAM, PIN – 695568.

9 BETTY J TRESSA PRESENTLY WORKING AS SECRETARY, ANDOORKONAM GRAMA PANCHAYAT, ANDOORKONAM P.O, THIRUVANANTHAPURAM, PIN –

695584.

10 P.SUNIL PRESENTLY WORKING AS SECRETARY, KUMALY GRAMA PANCHAYAT, KUMALY P.O, IDUKKI DISTRICT, PIN – 685509.

11 JANEESH R.V RAJ PRESENTLY WORKING AS JUNIOR SUPERINTENDENT, MANGALAPURAM GRAMA PANCHAYAT, MANGALAPURAM P.O, THIRUVANANTHAPURAM, PIN – 695317.

SRI.A.RAJESH, SRPECIAL PP SMT.REKHA, GP SRI.SIJU KAMALASANAN, SC, KALLARA GRAMA PANCHAYAT THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

The prayers in the writ petition are as follows:-

i). Call for the records leading to Ext-P2, P3, P6 to P9, P11 to P15 from the respondents;

ii). Quash Ext P7 by a writ of certiorari or any other writ or order or direction iii). Issue a writ of mandamus or any other writ, directions or order directing the respondents 1 and 2 to take decision on Ext.P15 and grant prosecution sanction against respondents 8 to 10 as expeditiously as possible within a limit fixed by this Hon’ble Court after affording an opportunity of hearing to the petitioner;

iv). Issue a writ of mandamus or any other writ, directions or order directing the respondents 1 and 2 to reopen Ext P7 proceedings and take department disciplinary action against the respondents 6 and 7 as expeditiously as possible within a limit fixed by this Hon’ble Court;

v). Exempt the petitioner to produce the English translation of documents in vernacular language;

vi). Such other relief that this Honorable court may deem fit and proper to render justice to the Petitioner in the interest of justice.

2. The petitioner, an elected representative of the 6^th respondent Grama Panchayat filed a complaint before the Court of Enquiry Commissioner and Special Judge, Thiruvananthapuram against the President and some of the ofÏcials of the Grama Panchayat and Panchayat Department alleging offences under Sections 13(1)(a) r/w 13(2) of the Prevention of Corruption Act, 1988 and Sections 167, 420, 465, 468, 471 and 120(B) of the Indian Penal Code.

3. The Court of Enquiry Commissioner and Special Judge ordered preliminary enquiry and the VACB submitted a negative report which was returned by the Court holding that a deeper investigation into the allegations levelled by the complainant is required. The Court directed the VACB to proceed in accordance with law after obtaining approval under Section 17A of the PC Act.

4. I have heard the learned counsel for the petitioner, the learned Special Public Prosecutor and the learned Standing Counsel appearing for the Panchayat.

5. The learned Special Public Prosecutor submitted that the VACB has already registered the FIR pursuant to the directions of the Special Judge. It is