High CourtsSingle Bench(2023) 08 KL CK 0205

TGN Kumar vs Secretaryministry Of Civil Aviation, Rajiv Gandhi Bhavan, Safdarjung Airport, New Delhi 110003

High Court Of Kerala · Decided on 22 August 2023

HON’BLE JUDGES
Viju Abraham, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (C) No. 33016 Of 2022

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Judgment

10 paragraphs · 357 words

Viju Abraham, J

1.

The petitioner  has  approached  this  Court  seeking  the following reliefs:

i) Issue a writ of mandamus commanding the 3rd respondent himself to consider Ext.P2 complaint and pass orders/initiate action, after affording an opportunity of being heard to the petitioner;

ii) Issue a writ of mandamus commanding the 1st respondent to pass appropriate orders on Ext.P1 representation forthwith; and

iii) Issue such other orders, interlocutory or otherwise, which are deemed fit and proper in the interest of justice.

2.

The petitioner is a shareholder of Cochin International Airport Ltd.(CIAL), (Folio No.0017955) and he has preferred representations before respondents 1 to 3 alleging corruption on the part of the 4th respondent, who has been given additional charge as Managing Director of CIAL. The contention taken by the petitioner in Exts. P1 and P2 representations is that the 4th respondent is involved in corrupt activities and he is attempting to help people who are close to him in implementation of various projects of CIAL. Petitioner submits that pursuant to the complaint raised, Ext.P3 communication has been received by him from the Central Vigilance Commission(CVC), intimating that as per the complaint handling policy, the complaint will be forwarded to the CVO of the concerned department, in the present case, the 1st respondent.

3.

The 4th respondent has also filed a counter affidavit refuting various allegations taken in the writ petition.

4.

The learned Central Government Counsel upon instructions submitted that the complaint has been examined by the 1st respondent and on finding that CIAL is a company and therefore, they have no jurisdiction over the same, the complaint has been forwarded to the State Government for taking appropriate action.

In view of the submission made by the learned Central Government Counsel appearing for respondents 1 and 3, it is for the petitioner to take appropriate proceedings pursuant to the referral of the complaint to the State Government by the 1st respondent. To facilitate the same, the 1st respondent shall serve a copy of the decision taken in this regard to the petitioner, within a period of one month from today.

The writ petition is disposed as above.