Kerala High Court
Jayakumar V vs The Commissioner on 28 November, 2018
Author: P.Ubaid
Bench: P.Ubaid
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.UBAID
WEDNESDAY, THE 28TH DAY OF NOVEMBER 2018/7TH AGRAHAYANA, 1940
WP(C).No.18083 of 2017
PETITIONER :-
JAYAKUMAR V, AGED 41 YEARS, S/O. VISWAN,
CHARUNINNA VEEDU, PUTHANKADA, THIRUPURAM P.O,
NEYYATTINKARA, THIRUVANANTHAPURAM - 695 133.
BY ADV. SMT.V.P.SHEEJA
RESPONDENT :-
1 THE COMMISSIONER
CENTRAL VIGILANCE COMMISSION,
SATARKATA BHAVAN - A BLOCK,
GPO COMPLEX, INA, NEW DELHI - 110 001.
2 THE SECRETARY
MINISTRY OF MICRO SMALL AND MEDIUM ENTERPRISES
GOVERNMENT OF INDIA, NEW DELHI - 110 001.
3 THE CHAIRMAN COIR BOARD
"COIR HOUSE", M.G ROAD,
ERNAKULAM, KOCHI - 682 016.
4 THE REGIONAL OFFICER (MANAGER), COIR BOARD,
REGIONAL OFFICE AT ATTINGAL, ATTINGAL P.O,
THIRUVANANTHAPURAM - 695 101.
5 NEYYATTINKARA COIR CLUSTER DEVELOPMENT SOCIETY
REPRESENTED BY ITS CHAIRMAN, THIRUPURAM GOPAN
KANCHAMPZHINJI P.O., THIRUPURAM, NEYYATTINKARA,
THIRUVANANTHAPURAM - 695 525.
6 GRAMA SEVA BHAVAN
REPRESENTED BY ITS PRESIDENT, THIRUPURAM GOPAN
KANCHAMPZHINJI P.O, THIRUPURAM, NEYYATTINKARA,
THIRUVANANTHAPURAM - 695 525.
BY ADV.SRI.B.PREM KUMAR, CGC
BY SRI.A.RAJESH, SPL.PUBLIC PROSECUTOR - VACB
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
28.11.2018, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C).No.18083/2017
-: 2 :-
JUDGMENT
The writ petitioner herein seeks a writ of mandamus or other direction to the Secretary of the Ministry of Micro Small and Medium Enterprises (MSME), Government of India, to initiate criminal proceedings against the respondents 3 to 6, and another writ of mandamus or other direction to the Central Vigilance Commission to initiate necessary action, including investigation on a complaint made by him against the respondents 3 to 6. The respondents 3 to 6 are not individuals.
2. On the last occasion, the writ petitioner was directed to submit before the Court, how the writ petition is maintainable. Central Vigilance Commission is not an investigating agency. It is only a supervisory body statutorily created by the Central Vigilance Commission Act. The said Commission cannot conduct any investigation on complaints. If the petitioner has any grievance, or complaint against anybody, the proper remedy is there under the Code of Criminal Procedure, and the normal remedy is not to WP(C).No.18083/2017 -: 3 :- seek a writ of mandamus against the Central Ministry. The writ petitioner was also directed to furnish the name and details of the respondents 3 to 6 against whom he seeks legal action, including investigation. The writ petitioner has not so far turned up to take the required steps, or to correct the proceedings as directed by the Court. It appears that the writ petitioner knows very well that the writ petition as framed by him for the relief sought against the Central Vigilance Commission, and the Secretary of the Ministry of Government of India is not maintainable.
When the writ petition came up for hearing on admission, he remained absent in Court. Even otherwise, on a perusal of the writ petition, I find that the prayer as sought by the writ petitioner cannot be granted under the law, and the writ petition is not maintainable. It is accordingly, dismissed.
Sd/-
P.UBAID JUDGE Jvt/28.11.2018 WP(C).No.18083/2017 -: 4 :- APPENDIX PETITIONER'S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE ADHAR CARD OF THE PETITIONER NO 2500708692074 DATED 05/01/2013. EXHIBIT P2 A TRUE COPY OF THE PROJECT SUMMARY SHEET SUBMITTED BY THE 3RD RESPONDENT DATED NIL. EXHIBIT P3 A TRUE COPY OF THE LIST OF ARTISANS SUBMITTED BY THE RESPONDENT.
EXHIBIT P4(a) TRUE COPY OF THE LETTER DATED 25-03-2017. EXHIBIT P4(b) TRUE COPY OF THE LETTEER DATED 09-03-2017. EXHIBIT P4(c) TRUE COPY OF THE LETTER DATED 21-03-2017. EXHIBIT P4(d) TRUE COPY OF THE LETTER DATED 10-03-2017. EXHIBIT P4(e) TRUE COPY OF THE LETTER DATED 24-03-2017. EXHIBIT P5 A TRUE COPY OF THE LETTER OF STATE PUBLIC INFORMATION OFFICER AS PER RIGHT TO INFORMATION ACT DATED 18-10-2016.
EXHIBIT P6 A TRUE COPY OF THE LETTER OF CENTRAL PUBLIC INFORMATION OFFICER AS PER THE RIGHT TO INFORMATION ACT DATED 30-08-2016.
EXHIBIT P7 A TRUE COPY OF THE NEWS PAPER REPORT IN MATHRUBHOOMI NEWS PAPER DATED 02-02-2017. EXHIBIT P8 A TRUE COPY OF THE COMPLAINT SENT BY THE PETITIONER TO THE CENTRAL VIGILANCE COMMISSION DATED 15-02-2017.
RESPONDENT'S EXHIBITS: NIL
//TRUE COPY//
P.A. TO JUDGE