Kerala High Court
Jyothilakshmi vs The Deputy Superintendent Of Police on 27 January, 2022
Author: Sunil Thomas
Bench: Sunil Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
THURSDAY, THE 27TH DAY OF JANUARY 2022 / 7TH MAGHA, 1943
WP(CRL.) NO. 92 OF 2022
PETITIONER:
JYOTHILAKSHMI,
W/O.SREEHARI.S., RESIDING AT SREE BHAVAN, CHERUKADU
P.O., KOORACHUNDU, KOZHIKODE DISTRICT-673 527.
BY ADVS.
G.HARIHARAN
PRAVEEN.H.
K.S.SMITHA
V.R.SANJEEV KUMAR
RESPONDENTS:
1 THE DEPUTY SUPERINTENDENT OF POLICE,
VIGILANCE AND ANTI-CORRUPTION BUREAU, SHORNUR ROAD,
THIRUVAMBADY P.O., THRISSUR-680 022.
2 THE DIRECTOR, VIGILANCE AND ANTI CORRUPTION BUREAU,
THIRUVANANTHAPURAM-695 002.
3 STATE OF KERALA,
REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT,
TRANSPORT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-
695 001.
4 TRANSPORT COMMISSIONER,
MOTOR VEHICLE HEAD QUARTERS, TRANS TOWERS,
VAZHUTHACAUD, THIRUVANANTHAPURAM-695 014.
5 SRI.P.R.MANU,
MOTOR VEHICLE INSPECTOR, SUB REGIONAL TRANSPORT OFFICE,
KANHANGAD, KASARAGOD DISTRICT-671 315.
OTHER PRESENT:
SPL.GP SRI.A RAJESH
W.P.(Crl.)No.92/2022 2
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 27.01.2022, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
W.P.(Crl.)No.92/2022 3
JUDGMENT
Petitioner's husband was working in the Motor Vehicles Department. While so, he was placed under suspension by Ext.P3, pending an enquiry. The petitioner has approached this court lamenting that in spite of considerable delay, enquiry proceedings, as against the husband of the writ petitioner, have not been brought to its logical conclusion. The petitioner has sought a relief to call for the records relating to the action taken pursuant to Ext.P5 and also to direct the first respondent to file a detailed report before this Court relating to the enquiry conducted by him on Ext.P4 complaint. It seems that, Ext.P4 is a complaint filed by one Sajeeshkumar against some of the officers of the Transport Department,before the Enquiry Commissioner and Special Judge, Thrissur. Pursuant to that, by Ext.P5, the Vigilance court directed the Dy.S.P., V.A.C.B, Thrissur to conduct a preliminary enquiry.
2. The petitioner in this writ petition is absolutely unconnected with the above proceedings. She is neither a party to the proceedings nor directly affected by any of the proceedings. Petitioner has also produced Ext.P6 order in B.A.No.4923/2011 in which one of the party involved in those transactions, was denied bail. The relevance of Ext.P6 in the present proceedings is also not clear.
W.P.(Crl.)No.92/2022 4
3. I fail to understand locus standi of the petitioner in approaching this court seeking relief. It is also not clear why the husband of the petitioner feel shy of approaching the court seeking relief, if he has any genuine grievance.
Having considered the above, I find absolutely no merit in the writ petition. The writ petition fails and is dismissed.
Sd/-
SUNIL THOMAS Judge dpk W.P.(Crl.)No.92/2022 5 APPENDIX OF WP(CRL.) 92/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE PROCEEDINGS NO.A3/17671/2015/TC DATED 08.10.2015 ISSUED BY THE 4TH RESPONDENT.
Exhibit P2 TRUE COPY OF THE CERTIFICATE ISSUED IN THE FORM OF WORKSHOP EXPERIENCE CERTIFICATE DATED 03.08.2015 ISSUED BY M/S. EXCELLENT AUTOMOBILES, KALPETTA. Exhibit P3 TRUE COPY OF THE ORDER DATED 28.01.2017 MADE IN CRL.MP NO.28/2017 BEFORE THE COURT OF THE ENQUIRY COMMISSIONER AND SPECIAL JUDGE, VIGILANCE AT THIRUVANANTHAPURAM.
Exhibit P4 TRUE COPY OF THE COMPLAINT DATED 16.05.2018 FILED BEFORE THE COURT OF THE ENQUIRY COMMISSIONER AND SPECIAL JUDGE VIGILANCE AT THRISSUR AS CRL.MP NO.454/2018.
Exhibit P5 TRUE COPY OF THE INTERIM ORDER DATED 01.06.2018 MADE IN CRL.MP NO.454/2018 ISSUED BY THE COURT OF ENQUIRY COMMISSIONER AND SPECIAL JUDGE, VIGILANCE, THRISSUR.
Exhibit P6 TRUE COPY OF THE COMMON ORDER MADE IN BA NO.4923/2011 AND CONNECTED CASES VIDE ORDER DATED 01.08.2011 ISSUED BY THIS HON'BLE COURT.
Exhibit P7 TRUE COPY OF THE REQUEST DATED 17.11.2021 MADE BY THE PETITIONER BEFORE THE TRANSPORT COMMISSIONER UNDER RIGHT TO INFORMATION ACT ALONG WITH CHALLAN RECEIPT EVIDENCING PAYMENT OF FEES.