Kerala High Court Directs State To Decide On Sanction For Vigilance Probe Into PP Divya's Alleged Benami Deals

The Kerala High Court on Thursday (September 25) directed the Additional Chief Secretary of the State to consider and pass orders for prior sanction to conduct vigilance inquiry into the alleged benami deals of former Kannur district panchayat president P.P. Divya.

Justice A. Badharudheen was considering a plea by Kerala Students Union (KSU) Vice-President, Muhammed Shammas P., seeking a direction for preliminary vigilance inquiry into the alleged benami dealings based on his representation (Exhibit P9) to the 3rd respondent (Director General, Vigilance and Anti-Corruption Bureau).

In Exhibit P9 complaint, the petitioner has alleged that Carton India Alliance Private Limited, a non-government company, is a benami firm of Divya and the registered directors are merely name lenders. It also alleged that the company was incorporated to facilitate it to take up public works of the District Panchayath for their pecuniary gains.

The government pleader had made a submission that the file, including Exhibit P9 was forwarded to the Additional Chief Secretary (additional 5th respondent) and that the Director General, Vigilance and Anti-Corruption Bureau was awaiting approval to act upon the same. Thereupon, the petitioner prayed that the petition may be closed with a direction to decide on sanction within a timeframe.

Considering the submissions, the Court disposed of the matter and observed:

"In such view of the matter, this writ petition stands disposed of, with direction to the additional 5th respondent to consider approval under Section 17A of the P.C. Act, 2018, sought for by the 3rd respondent and pass orders therein, within a period of two months, from the date of receipt of a copy of this judgment, since the file has been already forwarded on 08.07.2025."

As per Section 17A of the Prevention of Corruption Act, prior approval of the state government is required to conduct investigation into an offence under the Act alleged to have been committed by a current or former employee.

The Court also gave liberty to the petitioner to approach it in case his grievance do not get address. Thus, it disposed of the plea.

Case No: WP(Crl.) 1097/ 2025

Case Title: Muhammed Shammas P. v. State of Kerala and Ors.

Citation: 2025 LiveLaw (Ker) 605

Counsel for the petitioner: M. Baiju Noel

Counsel for the respondents: Spl. PP VACB – Rajesh A., Sr. PP VACB - Rekha S.

Click to Read/Download Judgment