IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE K.M.JOSEPH THURSDAY, THE 21ST FEBRUARY 2008 / 2ND PHALGUNA 1929 WP(C).No. 5246 of 2008(S) ------------------------------------------------------- PETITIONER:- ------------------ SAJAN K.G., PRESIDENT, VIKALANGAR ASSOCIATION OF INDIA, THIRUVANANTHAPURAM DISTRICT COMMITTEE, THIRUVANANTHAPURAM, RESIDING AT TRA 62, THAMARABHAGAM, MEDICAL COLLEGE (P.O), THIRUVANANTHAPURAM. BY ADV. SRI.GOPAKUMAR R.THALIYAL SRI.N.P.PRAJEESH RESPONDENTS:- ---------------------- 1. S. SOMANATHA PILLAI, MANAGING DIRECTOR, HANDICRAFTS DEVELOPMENT CORPORATION, THIRUVANANTHAPURAM,RESIDING AT SOORYA T.C.13/287(A), E.M.S. NAGAR,PATTOOR,VANCHIYOOR P.O THIRUVANANTHAPURAM. 2. THE DIRECTOR, VIGILANCE & ANTI CORRUPTION BUREAU, THIRUVANANTHAPURAM. 3. THE SUPERINTENDENT OF POLICE, VIGILANCE & ANTI CORRUPTION, THIRUVANANTHAPURAM. 4. THE SECRETARY TO GOVERNMENT, SOCIAL WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 5. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. BY SENIOR GOVERNMENT PLEADER SMT.K.MEERA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L.DATTU, C.J. & K.M.JOSEPH, J. ------------------------------------------------------ W.P.(C) No.5246 of 2008-S ------------------------------------------------------- Dated, this the 21st day of February, 2008 JUDGMENT H.L.Dattu, C.J. The petitioner is the President of Thiruvananthapuram District Committee of Vikalangar Association of India, an organization registered under the provisions of the Travancore Cochin Literary, Scientific and Charitable Societies Registration Act. In the petition, it is contended that the first respondent, while functioning as Managing Director of Kerala State Handicapped Persons' Welfare Corporation during the period from April 2002 to July 2004, has committed various financial irregularities, corruption, misuse of funds etc. and has sanctioned huge loans without proper security. It is further alleged that the grant of Rs.15 lakhs sanctioned by the Central Government for purchase of aids and appliances to the handicapped persons has been deposited as Fixed Deposit in the State Bank of Travancore, Akkulam Branch which is situated 15 kilo meters away from the office of the Corporation even though there are several Banks within the vicinity wherein the Corporation is situated. It is further stated that the first respondent has given permanent appointment to one Smt.Rajambika, who was appointed on contract basis as Clerk-cum-Accountant and the said Rajambika was posted as L.D. Accountant and she was given charge of Manager, M.R.S.T.Centre. The sum and substance of the allegations made in the writ petition is that the first respondent has misused his office in appointing certain persons, and WPC No.5246/2008 -2- consequently, has misappropriated funds which was ear-marked for the handicapped persons. Therefore, a request is made by the petitioner in this writ petition to direct respondents 2 to 5 to conduct a detailed vigilance enquiry into the allegations made in Ext.P7. (2). We do not intend to entertain this writ petition for the reason that, if for any reason the first respondent has misused his office by appointing persons who were his blue-eyed boys and blue-eyed girls and has misused funds of the Corporation, the petitioner can definitely approach the Vigilance Officer appointed by the State Government or any other Forum which can look into those allegations. (3). In our opinion, this type of matters need not be entertained by us by way of Public Interest Litigation when the petitioner has other effective and efficacious remedies before other Forums. In that view of the matter, we decline to entertain this writ petition. Accordingly, the writ petition requires to be rejected and it is rejected. However, liberty is reserved to the petitioner to approach appropriate authorities for appropriate reliefs by filing appropriate representations. Ordered accordingly. (H.L.DATTU) CHIEF JUSTICE (K.M.JOSEPH) JUDGE MS