Johnson Padamadan v. State of Kerala and Others

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE R. NARAYANA PISHARADI** **THURSDAY, THE 2[ND] DAY OF SEPTEMBER 2021 / 11TH BHADRA, 1943 WP(C) NO. 17995 OF 2020** ## **PETITIONER:** **JOHNSON PADAMADAN AGED 60 YEARS S/O.LONACHAN, PRESIDENT, KERALA BUS TRANSPORT ASSOCIATION STATE COMMITTEE, REG.NO.710/2206, SALU COMPLEX, MISSION QUARTERS JUNCTION, T.B.ROAD, THRISSUR-680 001.** **BY ADVS. SHABU SREEDHARAN SHRI.NITIN RAJAN NAIR SMT.ANJANA G. SHRI.JOBIN JOSE P. SMT.MEENU THAMPI** ## **RESPONDENTS:** - **1 STATE OF KERALA REP BY THE CHIEF SECRETARY, GOVT.SECRETARIAT, THIRUVANANTHAPURAM-695 001.** - **2 THE DIRECTOR OF VIGILANCE PMG, VIKAS BHAVAN P.O., THIRUVANANTHAPURAM-695 033.** - **3 THE KERALA ROAD SAFETY AUTHORITY REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER-ROAD SAFETY COMMISSIONER, TRANS TOWERS, VAZHUTHACAD P.O., THIRUVANANTHAPURAM-695 014.** - **4 THE TRANSPORT COMMISSIONER TRANS TOWERS, VAZHUTHACAD P.O., THIRUVANANTHAPURAM-695 014.** - **5 K.R.JYOTHILAL SECRETARY DEPARTMENT OF TRANSPORT, GOVT.SECRETARIAT, THIRUVANANTHAPURAM-695 001.** W.P.(C) No.17995/2020 2 - **6 R.SREELEKHA** - **DIRECTOR GENERAL, DEPT.OF FIRE AND RESCUE SERVICES, FIRE FORCE JUN.,PULIMOODU P.O., THIRUVANANTHAPURAM-695 001 (FORMER TRANSPORT COMMISSIONER, TRANS TOWERS, VAZHUTHACAD P.O., THIRUVANANTHAPURAM-695 014).** - **7 K.PADMAKUMAR ADDITIONAL DIRECTOR GENERAL OF POLICE, ARMED POLICE BATTALLION, PEROORKKADA P.O., THIRUVANANTHAPURAM-695 005 (FORMER TRANSPORT COMMISSIONER TRANS TOWERS, VAZHUTHACAD P.O., THIRUVANANTHAPURAM-695 014.** - **8 RAJEEV PUTHALATH JOINT TRANSPORT COMMISSIONER AND SECRETARY STA, TRANS TOWERS, VAZHUTHACAD PO, THIRUVANANTHAPURAM695 014.** - **9 SUNIL BABU TRAFFIC SAFETY EXPERT, KERALA ROAD SAFETY AUTHORITY, TRANS TOWERS, VAZHUTHACAD PO, THIRUVANANTHAPURAM-695 014.** **R1 TO R4 BY SMT REKHA S -PP** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.08.2021, THE COURT ON 02.09.2021 DELIVERED THE FOLLOWING:** W.P.(C) No.17995/2020 3 ## **R.NARAYANA PISHARADI, J ************************ W.P.(C).No.17995 of 2020 ------------------------------------Dated this the 2[nd] day of September, 2021 ------------------------------------------- ## **J U D G M E N T** The writ petitioner is said to be the President of the Kerala Bus Transport Association State Committee. 2. The reliefs sought in this writ petition are the following: _“1. To issue a writ of mandamus or any other appropriate writ, order or direction commanding the 2[nd] respondent to register a case in the matter of series of corruptions in the Motor Vehicles Dept. during the past and present, to conduct a detailed investigation in the matter, to book the real culprits behind it and to bring them before the court of law to be dealt with under the PC Act._ _2. To issue a writ of mandamus or any other appropriate writ, order or direction_ W.P.(C) No.17995/2020 4 _commanding the 1[st] respondent to take urgent necessary steps to see that all the forms of mismanagement and corruption in the Motor Vehicles Dept. are curbed forever in the larger interest of the public._ _3. And to pass such other appropriate writs, orders or directions which this Hon'ble Court deems fit and proper in the facts and circumstances of the case so as to secure the ends of justice.”_ 3. When the writ petition came up for hearing on admission after several postings, learned counsel for the petitioner did not appear and there was no representation for the petitioner. Heard learned Public Prosecutor. 4. The petitioner has alleged that wide range of corrupt practices are being committed in the Motor Vehicles Department. He has made Ext.P23 representation to the Government and Ext.P24 complaint to the Director of the Vigilance and AntiCorruption Bureau (VACB) in the matter. His grievance is that no action has been taken by the authorities concerned on the above representation and the complaint. W.P.(C) No.17995/2020 5 5. The writ petition is filed not as a public interest litigation. Therefore, the second relief in the writ petition, which is sought presumably on the basis of Ext.P23 representation made by the petitioner to the Government, cannot be considered. 6. The main grievance of the petitioner is that no action has been taken on Ext.P24 complaint made by him to the Director of VACB regarding the corrupt practices in the Motor Vehicles Department. 7. What is the remedy of a person on inaction on the part of the police on the information given by him regarding the commission of a cognizable offence? Is it his remedy to rush to the High Court and to file a writ petition seeking action on the complaint given by him to the police? 8. When information with regard to the commission of any cognizable offence is laid with the police but no action in that behalf is taken, the complainant/aggrieved person has right under Section 190 read with Section 200 of the Code of Criminal Procedure to lay the complaint before the Magistrate having W.P.(C) No.17995/2020 6 jurisdiction to take cognizance of the offence. Instead of adopting or availing that procedure, he is not entitled to approach the High Court by filing a writ petition and seeking a direction to conduct investigation into the complaint filed by him before the police (See **All India Institute of Medical Sciences Employees Union v. Union of India: (1996) 11 SCC 582, Aleque Padamsee v. Union of India:(2007) 6 SCC 171, Sakiri Vasu v. State of U.P : AIR 2008 SC 907, Sudhir Bhaskarrao Tambe v. Hemant Yashwant Dhage : (2016) 6 SCC 277** and **M. Subramaniam v. S. Janaki : (2020) 16 SCC 728** ). 9. The Constitution Bench of the Supreme Court, in **Lalita Kumari v. Government of U.P : 2014 (2) SCC 1,** has held that when information or complaint is received by the police officer concerned with regard to commission of a cognizable offence, he is bound to register FIR in the matter. 10. However, **Lalita Kumari** (supra) does not hold that a person aggrieved by the inaction of the police can take a straight recourse to judicial review, without availing the remedies under W.P.(C) No.17995/2020 7 the Code of Criminal Procedure (See **Fr. Sebastian Vadakkumpadan v. Shine Varghese (2018 (3) KHC 590** ) . 11. The entire law on the question has been discussed and answered by this Court in **Jude Joseph v. Director General of Police** ( **2021 (3) KHC 441** ). 12. If the petitioner has got any grievance that the police authorities concerned or the VACB has not taken any action on any complaint made by him with regard to commission of any cognizable offence, his remedy is as stated in the decisions of the Apex Court referred to in paragraph 8 above. 13. In the above circumstances, the petitioner is not entitled to get any relief in this writ petition. Consequently, the writ petition is dismissed. (sd/-) ## **R.NARAYANA PISHARADI, JUDGE** jsr W.P.(C) No.17995/2020 8 ## **APPENDIX OF WP(C) 17995/2020** ## **PETITIONER'S EXHIBITS:** **EXHIBIT P1 THE TRUE COPY OF THE ORDER OF THE COURT OF THE ENQUIRY COMMISSIONER AND SPECIAL JUDGE, THRISSUR IN ORDER IN CMP NO.367/2015 DATED 13/6/2016.** **EXHIBIT P2 THE TRUE COPY OF THE LETTER ISSUED BY THE THEN TRANSPORT COMMISSIONER TO ALL THE REGIONAL TRANSPORT OFFICERS DATED 8/12/2015. EXHIBIT P3 THE TRUE COPY OF THE CIRCULAR NO.12/2017 ISSUED BY THE THEN TRANSPORT COMMISSIONER DATED 23/05/2017.** **EXHIBIT P4 THE TRUE COPY OF THE LETTER ISSUED BY THE 5TH RESPONDENT TO THE THEN TRANSPORT COMMISSIONER DATED 25/06/2016. EXHIBIT P5 THE TRUE COPY OF THE INFORMATION FURNISHED UNDER THE RTI ACT DATED 13/3/2020. EXHIBIT P6 THE TRUE COPY OF THE PROJECT REPORT SUBMITTED BY THE 9TH RESPONDENT DATED 30/6/2017.** **EXHIBIT P7 THE TRUE COPY OF THE ORDER ISSUED BY THE THEN TRANSPORT COMMISSIONER DATED 1/12/2017 EXHIBIT P8 THE TRUE COPY OF THE FORWARDING LETTER ALONG WITH THE REPORT/NOTE DATED 1/12/2017 OF THE THEN TRANSPORT COMMISSIONER TO THE 5TH RESPONDENT.** W.P.(C) No.17995/2020 9 **EXHIBIT P9 THE TRUE COPY OF THE APPLICATION SUBMITTED UNDER THE RTI ACT DATED 11/6/2019. EXHIBIT P10 THE TRUE COPY OF THE INFORMATION FURNISHED UNDER THE RTI ACT DATED 2/7/2019. EXHIBIT P11 THE TRUE COPY OF THE RELEVANT PAGES OF THE MINUTES OF THE CABINET DATED 9/5/2018 ISSUED UNDER THE RTI ACT. EXHIBIT P12 THE TRUE COPY OF THE ORDER OF THE 5TH RESPONDENT DATED 4/6/2018 ISSUED UNDER THE RTI ACT. EXHIBIT P13 THE TRUE COPY OF THE LETTER OF THE 7TH RESPONDENT DATED 31/8/2018 ISSUED UNDER THE RTI ACT. EXHIBIT P14 THE TRUE COPY OF THE ORDER OF THE 5TH RESPONDENT DATED 24/09/2018 ISSUED UNDER THE RTI ACT. EXHIBIT P15 THE TRUE COPY OF THE ORDER ISSUED BY THE PRINCIPAL SECRETARY, FINANCE DEPT DATED 17/4/2018 EXHIBIT P16 THE TRUE COPY OF THE FLOW CHART OF APPOINTMENT OF AMVIS DATED NIL. EXHIBIT P17 THE TRUE COPY OF THE LETTER DATED 3/7/20 ISSUED UNDER THE RTI ACT. EXHIBIT P18 THE TRUE COPY OF THE NEWS PAPER ITEM PUBLISHED IN THE MALAYALA MANORAMA NEWS PAPER DATED 20/3/2020. EXHIBIT P19 THE TRUE COPY OF THE REPORT SUBMITTED BY THE 6TH RESPONDENT TO THE GOVT.DATED 7/12/2019. EXHIBIT P20 THE TRUE COPY OF THE COMPLAINT PREFERRED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 23/11/2015 EXHIBIT P21 THE TRUE COPY OF THE LETTER OF THE 5TH RESPONDENT TO THE THEN TRANSPORT COMMISSIONER DATED 29/1/2016.** W.P.(C) No.17995/2020 10 **EXHIBIT P22 THE TRUE COPY OF THE NEWS PAPER ITEM PUBLISHED IN THE MADHYAMAM DAILY DATED 21/6/2020. EXHIBIT P23 THE TRUE COPY OF THE COMPLAINT PREFERRED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 7/8/20. EXHIBIT P24 THE TRUE COPY OF THE REPRESENTATION PREFERRED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 7/8/20.** ## **RESPONDENTS EXHIBITS: NIL** ## **TRUE COPY** **P.S TO JUDGE**