Kerala High Court
Subramaniyan Achari vs Chief Secretary on 1 July, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
2025:KER:47672
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
ST
TUESDAY, THE 1 DAY OF JULY 2025 / 10TH ASHADHA, 1947
WP(C) NO. 2983 OF 2021
PETITIONER:
SUBRAMANIYAN ACHARI
AGED 67 YEARS
S/O. CHELLAPPANACHARI, SANTHOSH BHVAN, AYANTHICHIRA,
KOONIYOORMURY, PERUMKULAM VILLAGE, NEDUMANGAD VILLAGE,
TRIVANDRUM 695 013
BY ADV SRI.M.R.SARIN
RESPONDENTS:
1 CHIEF SECRETARY
GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM 695 001
2 DIRECTOR GENERAL OF POLICE,
POLICE HEADQUARTERS, VAZHUTHACAUD, TRIVANDRUM 695 012
3 M. MUHAMMED HUSSAIN,
DEPUTY SUPERINTENDENT VIGILANCE, KSEB VYDYUTHI BHAVAN,
PATTOM, THIRUVANANTHAPURAM 695 004
4 JAYARAJAN,
SANGEETHA THEKKENDA, OLLUKARA P.O, THRISSUR 680 655
5 N. MOHANAKRISHNAPRIYA
IRATTAKULANGARA, MALAYINKEEZHU, TRIVANDRUM
PIN- 695 571
BY ADVS.
SHRI.M.BALAGOVINDAN
SMT.MINI GANGADHARAN
SR PP SRI HRITHWIK C S
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.07.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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P.V.KUNHIKRISHNAN, J
--------------------------------
W.P (C) No.2983 of 2021
-------------------------------
Dated this the 01st day of July, 2025
JUDGMENT
The above Writ Petition (C) is filed seeking the following
relief:
a. ” Issue a writ of Certiorari or any other
appropriate order writ or direction calling for the
records leading to Ext.P5 order passed by the 1st
respondent and quash the same.
b. Issue a writ in the nature of mandamus or such
other writ, direction or orders directing the 1st
respondent to grant sanction under section 197 of
CrPC to the petitioner to prosecute the respondents
3 to 5.”
[SIC]
2. Petitioner is aggrieved by Ext.P5 order passed by the 1 st
respondent, rejecting an application to get sanction to prosecute
respondent Nos. 3 to 5 under Section 197 Cr.P.C. Petitioner is the
complainant in CC No.862/2013 on the files of the Judicial First
Class Magistrate Court, Kattakada. The respondent Nos. 3 to 5 are
the accused persons in the above case. According to the
petitioner, the accused persons committed the offence under
Sections 323, 452, 426, 383, 384, 340, 191, 193 & 434 of the
Indian Penal Code. It is submitted that, CC No.862/2013 is still
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pending before the Magistrate Court. During the pendency of the
private complaint, the petitioner approached the 1 st respondent
seeking sanction to prosecute the accused. The same was rejected
as per Ext.P5. Aggrieved by the same, this Writ Petition is filed.
3. Heard the counsel for the petitioner and the Public
Prosecutor.
4. Notice was issued to the respondent Nos. 3 to 5. Notice
was served to the respondent Nos. 3 and 5. Notice to the 4 th
respondent is returned with an endorsement “could not find
addressee”. The impugned order in this case is an order rejecting
an application for sanction. In view of the way in which this Writ
Petition is going to be disposed of, I think, the notice to the 3 rd
respondent can be dispensed with. If the 3 rd respondent is
aggrieved by any of the directions in this judgment, the 3 rd
respondent can file a review petition before this Court.
5. This Court perused Ext.P5 order. Ext.P2 is the
application submitted by the petitioner for sanction. The
contention raised by the petitioner in Ext.P2 is not adverted in
Ext.P5. Ext.P5 is only a communication from the Chief Secretary to
the petitioner. It is not a speaking order. According to me, Ext.P5 is
to be set aside, and the matter is to be reconsidered by the 1 st
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respondent. l make it clear that I have not considered the matter
on merit and the 1st respondent is free to pass appropriate orders
in accordance with law, but only after adverting to the contentions
raised by the petitioner in Ext.P2.
Therefore, this Writ Petition is disposed of with the following
directions:
1. Ext.P5 is set aside.
2. The 1st respondent is directed to reconsider
Ext.P2, as expeditiously as possible, at any
rate, within one month from the date of receipt
of a certified copy of this judgment.
3. The further proceedings in CC No.862/2013
on the files of the Judicial First Class
Magistrate Court, Kattakada, shall be deferred
for a period of six weeks.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
SSG
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APPENDIX OF WP(C) 2983/2021
PETITIONER’S EXHIBITS
EXHIBIT P1 TRUE COPY OF THE CC NO. 862/13 PENDING
BEFORE JFCM COURT KATTAKADA
EXHIBIT P2 TRUE COPY OF APPLICATION FILED BY THE
1ST RESPONDENT ON 10-01-2020
EXHIBIT P3 TRUE COPY OF CMP NO. 3237/16 IN CC NO.
862/13
EXHIBIT P4 TRUE COPY OF INTERIM ORDER IN OP(CRL.)
NO. 165/2020
EXHIBIT P5 TRUE COPY OF ORDER ON 27-10-2020 ISSUED
BY 1ST RESPONDENT.