CMDRF Misappropriation Case: Kerala High Court Issues 'Letter' To Chief Minister, Notice To Former Ministers

"We will admit it and consider everything," said the Division Bench comprising Chief Justice A J Desai and Justice V G Arun while admitting the plea filed by RS Sasikumar.

Based on the submissions made in the Court, it issued a letter under Rule 51D of the High Court Rules (instead of notice) to the CM (2nd respondent).

Rule 51 (D) of the Rules of the High Court of Kerala reads thus:

“51D- Letter instead of notice in certain cases.—Notwithstanding anything contained hereinabove, the Registry under the orders of the Honourable Chief Justice or the Judge concerned may substitute for a notice, a letter signed by the Registrar or such officer as the Chief Justice may appoint in this behalf, where the respondent is in its opinion of a rank entitling him to such mark of consideration and issued in the case in his official capacity. The letter shall contain all the particulars required to be stated in a notice and shall be treated in all respects as a notice.”

Thus, the Court was of the opinion that a letter could be sent to the Chief Minister instead of a notice as per Rule 51 (D).

Further, the Court issued notices to former Ministers of the State- A.K Balan (3rd respondent), E Chandrasekharan (4th respondent), Dr K T Jaleel (5th respondent), Kadakampally Surendran (6th respondent), M M Mani (7th respondent), Mathew T Thomas (8th respondent), J Mercykutty Amma (9th respondent), A C Moideen (10th respondent), K Raju (11th respondent), Ramachandran Kadannappally (12th respondent), T P Ramakrishnan (13th respondent), C Raveendranath (14th respondent), K K Shailaja Teacher (15th respondent), G Sudhakaran (16th respondent), P Thilothaman (17th respondent), Dr T M Thomas Issac (18th respondent) and the Kerala Lok Ayukta which is arrayed as the 19th respondent.

The petitioner in this case filed a complaint back in 2018 alleging misuse of CMDRF and misuse of financial assets of the State based on political considerations and nepotism.

The Lok Ayukta and Upa Lokayukta rejected the complaint and found that the Chief Minister was vested with the authority to allocate money from the CMDRF. The instant plea seeks to quash the orders issued by the Lok Ayukta and Upa Lok Ayukta as being illegal and arbitrary.

The petition is moved by Senior Advocate George Poonthottam, Advocates Nisha George, A L Navaneeth Krishnan

Case title: R.S. Sasikumar v State of Kerala

Case number: WP(C) 497/2024