IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE A.K.BASHEER TUESDAY, THE 2ND SEPTEMBER 2008 / 11TH BHADRA 1930 WP(C).No. 23950 of 2008(S) ------------------------------------------------ PETITIONER: ------------------ AZHIMATHI VIRUDHA JANAKEEYA MUNNANI ASSOCIATION, REGN NO. 236/2005, REP. BY ITS PRESIDENT P.L. JACOB, AGED 44 YEARS, S/O LONAPPAN, PADINJAKKARA VEEDU P.O., KUTTIKKADU, CHALAKKUDY. BY ADV. SRI.P.M.HABEEB RESPONDENTS: ----------------------- 1. THE PRINCIPAL SECRETARY TO GOVERNMENT, VIGILANCE DEPARTMENT, THIRUVANANTHAPURAM. 2. DIRECTOR OF VIGILANCE & ANTI CORRUPTION BUREAU, THIRUVANANTHAPURAM. 3. SECRETARY TO GOVERNMENT, IRRIGATION DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 4. KERALA PUBLIC SERVICE COMMISSION, REP. BY SECRETARY, PATTOM, THIRUVANANTHAPURAM. 5. DEPARTMENTAL PROMOTION COMMITTEE, IRRIGATION DEPARTMENT, REP. BY ITS CONVENOR (PSC BOARD MEMBER), PATTOM, THIRUVANANTHAPURAM. 6. T.R. SAILESAN, EXECUTIVE ENGINEER, MINOR IRRIGATION DEPARTMENT, CHEMBUKAVU, THRISSUR. W.P.(C) NO.23950/2008 -2- 7. DIRECTOR GENERAL OF POLICE, POLICE HEADQUARTERS, THIRUVANANTHAPURAM. R1, R2, R3, R5 & R7 BY SENIOR GOVERNMENT PELADER SRI.M.P.SREEKRISHNAN. R4 BY STANDING COUNSEL SRI.ALEXANDER THOMAS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L.DATTU, C.J. & A.K.BASHEER, J. ------------------------------------------- W.P.(C) No.23950 of 2008-S ------------------------------------------ Dated, this the 2nd day of September, 2008 JUDGMENT H.L.Dattu, C.J. The primary allegation of the petitioner in this writ petition is that the 6th respondent has committed financial irregularities while working in the capacity of the Executive Engineer of the Idamalayar Irrigation Project at Piravom and Chalakury. Therefore, a request is made in this writ petition filed by him in the name of public interest litigation to direct respondents 1 to 5 to take appropriate proceedings against the 6th respondent. (2) On instructions, Sri.M.P.Sreekrishnan, learned Government Advocate appearing for respondents 1 to 5 and 7, would inform us that appropriate instructions have been issued by the respondents to the competent authority to prosecute the 6th respondent before appropriate court by taking appropriate proceedings. A statement in this regard has been filed by the learned Government Advocate. The same reads as under: “Investigation with regard to the unaccounted money found in the possession of Sri.T.K.Sukumaran, Jr. Supdt. has been completed and Factual Report W.P.(C)No.23950 of 2008 2 submitted recommending prosecution against Sri.T.K.Sukumaran and Sri.T.R.Sailesan to the Director, VACB, Tvpm. through proper channel on 18.2.2008.” (3) In view of the statement filed by the learned Government Advocate, in our opinion, it may not be necessary for us to issue any further directions in this matter. (4) Therefore, placing on record the statement filed by the learned Government Advocate, this writ petition is closed. (5) Consequently, I.A.No.11320 of 2008 also stands closed. Ordered accordingly. (H.L.DATTU) CHIEF JUSTICE (A.K.BASHEER) JUDGE vns