Kerala High Court Seeks Affidavit On Action Taken Over Digital Survey Vigilance Report; Orders Removal Of Misleading Posts On Earlier Order

A Division Bench comprising Chief Justice Soumen Sen and Justice Syam Kumar V.M. was hearing a public interest litigation filed by Shaji J. Kodankandath against the State of Kerala and other respondents.

The Court also addressed issues relating to the publication of an inaccurate news report that misrepresented a prior Court order. The Court has earlier, accepted the apology tendered by the Editor of Deepika Daily and the Petitioner, and directed the Petitioner to publish the Apology in the newspaper.

The Bench noted the submission of the State that the impugned publications remained accessible on the Petitioner's Facebook and Instagram Accounts. The Court thus directed that any such posts must be removed within 24 hours, making it clear that compliance of this direction would be a condition for proceeding with the matter.

The Court then examined an affidavit filed by the Vigilance and Anti-Corruption Bureau (VACB) regarding the procurement of equipment for Digital Survey. The Vigilance report suggested that fresh tenders had been invited without adhering to the prescribed Stores Purchase Manual, purportedly to expedite project completion.

The Court noted that the Enquiry report recommended constitution of a team comprising technical experts, officials conversant with tender procedures and the Stores Purchase Manual, as well as officials from the Government Financial Inspection Wing and the Purchase Department, to verify both the procurement procedure and the quality and performance of the equipment procured for Digital Survey Project.

The Court further noted that the report was forwarded to the Principal Secretary, Revenue Department in August 2024 but no affidavit has been filed by the Principal Secretary.

“Prima facie, we do not find any material on record indicating action taken by the Principal Secretary, Revenue Department, upon receipt of the said communication recommending a detailed investigation. Such an affidavit shall be filed within a period of three weeks from today, upon prior service on the learned counsel appearing for the parties.” the Court stated.

The Court thus directed to file an affidavit within three weeks explaining the steps taken on recommendations for a detailed investigation. The petitioner has been granted liberty to respond after the State files its affidavit.

The matter has been posted on May 21 for further consideration.

Case Title: Shaji J. Kodankandath v. State of Kerala and Ors.

Case No: WP(PIL) No. 37/2026

Counsel For Petitioner: K.B. Gangesh, Smitha Chathanarambath, Harisankar.K.V, Athira A. Menon

Counsel for Respondents: B. Vinitha (Sr.GP)