Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE K. BABU FRIDAY, THE 6TH DAY OF OCTOBER 2023 / 14TH ASWINA, 1945 WP(C) NO. 27803 OF 2023 PETITIONERS:
1 ANOOP K.A AGED 43 YEARS S/O ABDUL RAHMAN, KOOLIYADEN HOUSE, VALAYANCHIRANGARA P.O., PERUMBAVOOR, ERNAKULAM, PRESIDENT, ALL KERALA TRUCK OWNERS ASSOCIATION, PIN - 683556 2 SUBIN PAUL AGED 39 YEARS S/O E.P PAULOSE, EDAYENAL HOUSE, KANINAD P.O., PUTHENCRUZ, ERNAKULAM DISTRICT, SECRETARY, ALL KERALA TRUCK OWNERS ASSOCIATION, PIN - 683542 3 SIJU A.S AGED 47 YEARS S/O SAKTHIDHARAN ASARIPARAMBIL (H) NEERICODE P.O, ALANGAD, ERNAKULAM, PIN - 683511 4 JOBY VARGHESE AGED 46 YEARS S/O P.C. VARGHESE, PUNNELIPARAMBIL THAZHEKKAD P.O, THRISSUR, PIN - 680697 BY ADVS.
P.K.SREEVALSAKRISHNAN S.UNNIKRISHNAN (NELLAD) K.R.PRATHISH JOEL CHALAMANA KRISHNA DAS RESPONDENTS:
1 STATE OF KERALA MOTOR VEHICLE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, REP BY ITS SECRETARY, PIN - 695001 2 STATE POLICE CHIEF STATE POLICE HEADQUARTERS, VELLAYAMBALAM, CITY THIRUVANANTHAPURAM, PIN - 695010
WP(C) NO. 27803 OF 2023 2 3 THE DIRECTOR VIGILANCE AND ANTI-CORRUPTION BUREAU PMG, VIKAS BHAVAN P.O. OPP. KSRTC DEPOT THIRUVANANTHAPURAM, PIN - 695033 4 THE TRANSPORT COMMISSIONER MOTOR VEHICLE DEPARTMENT, TRANS TOWERS, VAZHUTHACAUD THIRUVANANTHAPURAM, PIN - 695001 OTHER PRESENT:
REKHA ,GP ;RAJESH A SPL GP VIGILANCE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 27803 OF 2023 3 K.BABU, J.
------------------------------------ WP(C).No.27803 of 2023 -------------------------------------- Dated this the 6th day of October, 2023 J U D G M E N T The prayers in this Writ Petition are as follows:- “(i) Issue a writ of Mandamus or other writ, order or direction directing the 3rd respondent to consider the Ext.P3 application and take requisite action against the officers who violated the directions in Ext.P1 Judgment.
(ii) Dispense with filing of the translation of documents in Malayalam produced in the above writ petition as Ext.P3 to Ext.P9.
(iii) Pass such other writs, orders or directions as this Hon'ble Court may deems just, fit and necessary in the facts and circumstaces of the case.
(iv) Allow the writ petition writ petition with cost.” 2.
Heard both sides.
3.
The learned Public Prosecutor submitted that respondent No.3, the Director of Vigilance and Anti-Corruption Bureau has considered Ext.P3 application. The learned Public Prosecutor has made available a report submitted by the Officer concerned in the Vigilance Department. The relevant portion of the report reads thus;
WP(C) NO. 27803 OF 2023 4 During the verification the following facts have come to light:
It has been revealed that the Hon'ble High Court of Kerala issued directives for strict actions against vehicles plying in violation of the rules outlined in the Motor Vehicle Act, Central Motor Vehicles Rules, and Motor Vehicles (Driving) Regulations 2017. To address this, the Vigilance Department has conducted surprise checks statewide, and recommended comprehensive inspections to be carried out by the relevant departments, and appropriate action there on to be taken against the offenders.
As per Order of Hon'ble High Court of Kerala (Ext. P1), if soil and rock excavation and transportation exceed the weight limits specified in permits, the individuals involved should be charged with theft and penalized under the Indian Penal Code. While the investigation of IPC offences falls under the jurisdiction of the local police; it is evident that there is no vigilance aspect to this matter The allegations outlined in the complaint submitted by the petitioners are general in nature, and not specific. Even though it is not specific, we have conducted verification to the extent possible which did not yield any specific instances of corruption or wilful misconduct by any of the officials.
After due verification a report was submitted to Director through SP VACB, SIU II on 7/12/2022 and has been forwarded to Government vide CPSP No. 2-1460/2022/ DVACB dated 23.12.2022 to take appropriate actions against evasion of GST by Taxes Department, over loading by Motor Vehicles Department and Police Department respectively.
The government approved the report submitted by the Director VACB through letter No. Vig- A3/34/2022-VIG Dated 29.03.2023 and also forwarded the same to Home Department, Transport Department and Taxes Department for conducting inspections routinely and to take action against the owners of vehicles in the case of illegal overload.
Hence it is humbly submitted that we are not in a position to proceed with any kind of enquiry in this regard. It is further submitted that vide letter No.59/2012/Vig dated 21.12.12, complaints relating to a particular officer any specific instances of corruption need only be looked into and that too after collecting source information on such petitions.
Accordingly, this Bureau is discreetly collecting such corrupt practices of Government servants in all departments and even laying traps against such persons. The VACB conducted Surprise Checks under the operation named “Operation Stonewall” statewide and during these checks, appropriate action was there
WP(C) NO. 27803 OF 2023 5 on initiated against the erring vehicles which was found carrying excess load by the authorities concerned viz. Motor Vehicles, GST and Geology Departments. Another surprise check, named "Operation Overload 1 & 2”, was conducted by VACB as part of statewide checks and action there on were caused to be initiated by the Bureau. It is also submitted that various surprise checks related to this mater have been conducted periodically.
Therefore, it is respectfully submitted that considering the aforementioned facts, this WP (C) may kindly be dismissed.
5.
Having regard to the fact that the Vigilance and Anti- Corruption Bureau has been taking steps to check the violations alleged by the petitioners, the Writ Petition is closed with liberty to the petitioners to move again, if so advised.
The Writ Petition is closed as above.
Sd/- K.BABU,
JUDGE saap
WP(C) NO. 27803 OF 2023 6 APPENDIX OF WP(C) 27803/2023 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE JUDGMENT DATED 29.07.2019 IN WPC NO. 39574/2018 OF THIS HON'BLE HIGH COURT Exhibit P2 TRUE COPY OF THE INTERIM ORDER DATED 28.10.2021 IN CON.CASE (C) NO. 1728 OF 2021 Exhibit P3 TRUE COPY OF THE COMPLAINT DATED 29-12- 2021 SUBMITTED TO THE 3RD RESPONDENT BY THE PETITIONERS 1 AND 2 Exhibit P4 TRUE COPY OF THE LETTER ISSUED BY THE 3RD RESPONDENT TO THE ADDITIONAL CHIEF SECRETARY, VIGILANCE DEPARTMENT DATED 20- 01-2022 Exhibit P5 TRUE COPY OF THE COMPLAINT FILED BY THE 1ST AND 2ND PETITIONERS BEFORE THE 3RD RESPONDENT DATED 18-07-2022 Exhibit P6 THE TRUE COPY OF THE LETTER DATED 01-10- 2022 ISSUED BY THE PETITIONERS TO THE 3RD RESPONDENT Exhibit P7 TRUE COPY OF THE COMPLAINT FILED BY THE 4TH PETITIONER DATED 10-01-2023 TO THE 3RD RESPONDENT Exhibit P8 TRUE COPY OF THE NEWSPAPER CUTTING WHICH ARE REPORTED IN MALAYALA MANORAMA DAILY ON 13-06-2023 Exhibit P9 TRUE COPY OF THE NEWS PAPER REPORT PUBLISHED IN MALAYALA MANORAMA DAILY DATED 01-08-2023 //True copy//PA to Judge