2026 Supreme(Online)(Ker) 67864
IN THE HIGH COURT OF KERALA AT ERNAKULAM
SUO MOTU – Appellant
Versus
THE STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT – Respondent
WP(C) NO. 40608 OF 2025(A)
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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V &
THE HONOURABLE MR.JUSTICE K. V. JAYAKUMAR Monday, the 26th day of October 2026 / 4th Karthika, 1948 WP(C) NO. 40608 OF 2025(A)
PETITIONER:
1. SUO MOTU AS PER THE ORDER DATED 21.10.2025 IN SSCR
23/2025 REGARDING THE HEIST AND PLUNDERING OF GOLD FROM THE GOLD-CLADDED DWARAPALAKAS PLACED ON EITHER SIDE OF THE SREEKOVIL, SABARIMALA., PIN - 682031 RESPONDENTS:
1. THE STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE (DEVASWOM) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM , PIN - 695001
2. THE TRAVANCORE DEVASWOM BOARD REPRESENTED BY ITS SECRETARY, NANTHANCODE, KAWDIAR POST, THIRUVANANTHAPURAM, PIN - 695003
3. THE CHIEF VIGILANCE AND SECURITY OFFICER (SUPERINTENDENT OF POLICE) TRAVANCORE DEVASWOM HEAD QUARTERS, NANTHANCODE, KAWDIAR POST, THIRUVANANTHAPURAM, PIN - 695003
4. THE STATE POLICE CHIEF POLICE HEAD QUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM, PIN - 695010
5. THE SENIOR DEPUTY DIRECTOR KERALA STATE AUDIT DEPARTMENT, TRAVANCORE DEVASWOM BOARD, THIRUVANANTHAPURAM, PIN - 695003 BY Advs.
SPECIAL GOVERNMENT PLEADER FOR R1 & R4 SHRI S.SREEKUMAR (SR.), SHRI.G.BIJU for R2, R4 & R5.
This Writ petition again coming on for orders upon perusing the petition and the affidavit filed in support of WP(C) and this court's order dated 07/10/2026, the court passed the following:
##PAGE2##RAJA VIJAYARAGHAVAN V., &
K.V. JAYAKUMAR, JJ.
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WP(C) No. 40608 of 2025 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - -
Dated this the 26th day of October, 2026
O R D E R
Raja Vijayaraghavan V, J.
When the matter was taken up for consideration, Sri. Sasidharan, IPS, the officer heading the Special Investigation Team, submitted that the investigation in Crime No. 3701 of 2025 had been completed. It was further submitted that prosecution sanction under Section 19(1)(c) of the Prevention of Corruption Act, 1988 is required to be obtained before the final report is submitted to the jurisdictional court. In this regard, the Factual Report and the Draft Charge Sheet have been prepared. However, the legal advice of the Assistant Legal Advisor is required to be incorporated in the proforma. Although the Assistant Legal Advisor has been appointed and posted, he has not yet assumed charge. The investigating agency is unable to complete the proforma by incorporating the requisite legal advice of the Assistant Legal Advisor and, consequently, proceed with the submission of the request for prosecution sanction.
2. Sri. Asaf Ali, the learned DGP, submitted that all necessary steps would be taken to ensure that the Assistant Legal Advisor assumes charge and that the requisite legal advice is obtained and incorporated in the proforma, so that the matter can be placed before the competent authority for consideration of the request for prosecution sanction under Section 19(1)(c) of the Prevention of Corruption Act, 1988.
##PAGE3##3. In the aforesaid circumstances, we direct the concerned authorities to take all necessary steps to expedite the matter and ensure that the requisite legal advice is obtained without delay and the request for prosecution sanction is placed before the competent authority. The SIT shall ensure that, upon obtaining the requisite prosecution sanction, the final report is submitted before the jurisdictional court without any delay.
4. We also direct the SIT to complete the investigation in Crime No.3700 of
2025 and request for prosecution sanction within the time frame fixed in our order dated 07.10.2026.
Post on 10.11.2026.
Sd/-
RAJA VIJAYARAGHAVAN V, Sd/-
K.V. JAYAKUMAR, APM
26-10-2026 /True Copy/ Assistant Registrar