IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 17TH JANUARY 2008 / 27TH POUSHA 1929 WP(C).No. 33518 of 2007(M) -------------------------- CRMP.230/2007 of ENQ.COMMR. & SPL.JUDGE,TRIVANDRUM .................... PETITIONER: ------------ JOBIN.P.S., S.P.VIHAR, VENKULAM P.O., EDAVA. BY ADV. SRI.M.BALAGOVINDAN SRI. SASITH PANICKER RESPONDENTS: ------------- 1. BIJU.K.R., CHAIRMAN, VARKALA MUNICIPALITY, VARKALA. 2. AGRICULTURAL OFFICER, AGRICULTURAL OFFICE, VARKALA, THIRUVANANTHAPURAM. 3. V.BALRAM, XTH WARD MEMBER, VARKALA MUNICIPALITY, VARKALA. 4. SECRETARY, VARKALA MUNICIPALITY, VARKALA. 5. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 6. DIRECTOR, VIGILANCE AND ANTICORRUPTION BUREAU, OFFICE OF THE VIGILANCE AND ANTICORRUPTION BUREAU, THIRUVANANTHAPURAM. BY PUBLIC PROSECUTOR SRI. K.S. SIVAKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.C. 33518/07 -2- APPENDIX PETITIONER'S EXTS: P1: TRUE COPY OF THE DEATH CERTIFICATE OF RAMADASAN P2: TRUE COPY OF THE REGISTER OF THE BENEFICIARIES OF INFECTED COCONUT OF THE AGRICULTURAL OFFICER, VARKALA P3: TRUE COPY OF THE COMPLAINT IN CRL. M.P. 230 OF 2007 BEFORE THE COURT OF ENQUIRY COMMISSIONER AND SPECIAL JUDGE, THIRUVANANTHAPURAM EXT.P4: TRUE COPY OF THE ORDER PASSED BY THE COURT OF ENQUIRY COMMISSIONER AND SPECIAL JUDGE TRIVANDRUM IN CRL. M.P. 230 OF 2007 V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * W.P. (C) No. 33518 of 2007 * * * * * * * * * * * * * * * * * * Dated: 17-01-2008 JUDGMENT In this Writ Petition filed under Article 226 of the Constitution of India, the petitioner who is the complainant i in Ext.P3 private complaint filed before the Court of the Enquiry Commissioner and Special Judge, Thiruvananthapuram, seeks a direction to the 6th respondent Director of Vigilance and Anti corruption Bureau to complete the investigation that has been ordered to be conducted as per Ext.P4 order passed by the Enquiry Commissioner and special Judge, Thiruvananthapuram on the basis of Ext.P3 complaint was filed within a time limit to be fixed by this Court. Ext.P3 complaint alleging commission of offences punishable under Sections 406, 420, 468 and 471 and 120 B read with Sec. 34 of I.P.C. and under Sec. 13 (2) of Prevention of Corruption Act, 1988 against the Chairman of Varkala Municipality and three others. The Special Judge has passed Ext.P4 order forwarding the complaint under Sec. 156 (3) Cr.P.C. but directing vigilance enquiry into the allegations made in the complaint. In as much as the vigilance police can conduct preliminary enquiry before deciding to register an F.I.R. in view of the decision of the W.P.(C) No. 33518 of 2007 -:2:- Apex Court in Sirajudheen v. State of Madras - 1971 S.C. 521 the 6th respondent is bound to expedite the enquiry. Even as per the decision of the Apex Court referred to above such enquiry cannot be a detailed and time consuming enquiry but one to inform the conscience of the officer in-charge of the police station as to whether a prima facie case exists justifying the registration of a crime. This Writ Petition is disposed of directing the 6th respondent to ensure that the enquiry commenced pursuant to Ext.P4 order is completed as early as possible and at any rate within 5 months from the date of receipt of a copy of this judgment having regard to the fact that 675 beneficiaries are involved in this case. Sd/-V. RAMKUMAR, (JUDGE) /true copy/ ani.