IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 23RD JULY 2008 / 1ST SRAVANA 1930 WA.No. 1527 of 2008() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.13294/2008 Dated 21/05/2008 .................... APPELLANT/PETITIONER: ----------- M.J.SOHAN, S/O.M.D.JOSE MECHERY HOUSE, ELINJIPARA PO., THRISSUR W/A.AS INSPECTOR OF POLICE, VIGILANCE AND ANTICORRECTION BUREAUE, PALAKKAD. BY ADV. SRI.P.VIJAYA BHANU SRI.M.GEORGE THOMAS RESPONDENTS/RESPONDENTS: ------------- 1. KERALA STATE HUMAN RIGHTS COMMISSION THIRUVANANTHAPURAM, REP. BY ITS REGISTRAR, KERALA STATE HUMASN RIGHTS COMMISSION, THIRUVANANTHAPURAM 2. STATE OF KERALA, REP. BY ITS CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM 3. KRISHNANKUTTY, NAMBALATT HOUSE CHIRALAYAM DESOM, KUNNAMKULAM, THRISSUR 4. DIRECTOR, VIGILANCE AND ANTICORRUPTION BUREAU, THIRUVANANTHAPURAM. 5. SUPERINTENDENT OF POLICE VIGILANCE AND ANTI CORRUPTION BUREAU, CENTRAL RANGE, KOCHI. 6. DEPUTY SUPERINTENDENT OF POLICE VIGILANCE AND ANTI CORRUPTION BUREAU PALAKKAD UNIT. BY GOVT.PLEADER SRI.BENNY GERVACIS THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 23/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & P.N.RAVINDRAN, JJ. ------------------------------- W.A.NO.1527 OF 2008 () ----------------------------------- Dated this the 23rd day of July, 2008 J U D G M E N T KOSHY,J. By Ext.P1 order, Government was directed to give an amount of Rs.50,000/- to the wife of the deceased Narayanan Nair, who died while in custody. There was also a direction to recover the same from the Sub Inspector, that is, the appellant. Challenging the above Ext.P1 order, a writ petition was filed and it was dismissed by Ext.P2 judgment. Review Petition was also filed and it was dismissed by Ext.P3. Now by Ext.P4, Director of Vigilance and Anti-corruption Bureau directed the Superintendent of Police, to recover the amount. Ext.P4 is only in implementation of Ext.P1 order. Ext.P1 has become final. Therefore, we see no ground to interfere in the present writ petition. It is true that in Ext.P1, there was a direction to pay the amount and recover the W.A.1527/08 2 amount. If the amount is not paid, it should be paid by the Government within two weeks, but on that ground, petitioner cannot resist the recovery. We agree with the views of the learned Single Judge, and hence, this appeal is dismissed. J.B.KOSHY, JUDGE P.N.RAVINDRAN, JUDGE prp J.B.KOSHY & P.N.RAVINDRAN, JJ. -------------------------------------------------------- M.F.A.NO. OF 2006 () --------------------------------------------------------- J U D G M E N T --------------------------------------------------------- 26th May, 2008