IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 5TH OCTOBER 2009 / 13TH ASWINA 1931 WP(C).No. 15328 of 2008(Y) -------------------------------------- CRMP.1203/2007 of ENQ.COMMR. & SPL.JUDGE,TRIVANDRUM .................... PETITIONER(S): ---------------------- E.J. JAYARAJ, IPS, DEPUTY INSPECTOR GENERAL OF POLICE, ARMED POLICE BATTALION, POLICE TRAINING COLLEGE, TRIVANDRUM. BY ADV. MR.S.RADHAKRISHNAN RESPONDENT(S): ------------------------ 1. S. RADHAKRISHNAN NAIR, SUPERINTENDENT OF POLICE (RETIRED), 'MADHURIMA', PUZHAVEEDU, ALAPPUZHA-688 009. 2. THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 3. THE DIRECTOR, VIGILANCE AND ANTICORRUPTION BUREAU, TRIVANDRUM. R2 & R3 BY GOVERNMENT PLEADER MR.S.U. NAZAR R1 BY ADV. MR.V.AJAKUMAR, MR.T.M.CHANDRAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 15328/2008-Y APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ORDER PASSED BY THE LEARNED ENQUIRY COMMISSIONER AND SPECIAL JUDGE, TRIVANDRUM IN CRIMINAL M.P.NO.1203 OF 2007 DATED 06/02/2008. EXT.P2: COPY OF THE COMPLAINT DATED 28/12/2007. EXT.P3: COPY OF THE ORIGINAL APPLICATION FILED BY THE 1ST RESPONDENT BEFORE THE CAT, ERNAKULAM BENCH. EXT.P4: COPY OF THE REPLY STATEMENT FILED BY THIS PETITIONER DATED 04/01/2007. EXT.P5: COPY OF THE STATEMENT FILED BY THE STTE GOVT. IN O.A. NO.174 OF 2006 DATED 29/11/2006. EXT.P6: COPY OF THE ORDER PASSED BY THE CAT, ERNAKULAM BENCH IN O.A.174 OF 2006 DATED 26/02/2007. RESPONDENT'S EXHIBITS: EXT.R1(a): COPY OF THE G.O.(MS)NO.93/65. EXT.R1(b): COPY OF THE G.O.(MS)NO.372/65. EXT.R1(c): COPY OF THE G.O.(MS)NO.278/73/GAD. EXT.R1(d): COPY OF THE G.O.(MS)NO.651/79. EXT.R1(e): COPY OF THE LETTER DATED 23/12/2006. EXT.R1(f): COPY OF THE LETTER DATED 29/09/97 ALONG WITH COMBINED SENIORITY LIST. EXT.R1(g): COPY OF THE SENIORITY LIST PREPARED PREVIOUS TO EXHIBIT R1(f). EXT.R1(h): COPY OF THE SENIORITY LIST PREPARED SUBSEQUENT TO EXHIBIT R1(f). //TRUE COPY// P.A. TO JUDGE rs. M.SASIDHARAN NAMBIAR,J. ------------------------------------------ W.P.C.NO.15328 OF 2008 ------------------------------------------ Dated 5th October 2009 JUDGMENT This petition is filed under Article 226 of Constitution of India to declare that Ex.P1 order passed by Special Judge, Vigilance, Thiruvananthapuram in Crl.M.P.1203/2007, directing the Director of VACB to conduct a vigilance enquiry on the allegations raised in the complaint filed by the first respondent complainant before the Special Judge and register a case and if, no materials are collected warranting investigation to file a report before the court, is patently illegal and therefore, to quash Ext.P1 order. 2. Learned Government Pleader submitted that pursuant to Ext.P1 order a vigilance enquiry was conducted and a report was filed before the court that enquiry reveals no matter warranting registration or investigation of an offence. 3. Learned counsel appearing for the petitioner submitted that thereafter first respondent WPC 15328/08 2 filed a protest complaint, when the said report was accepted by the learned Special Judge and as per order dated 6/9/2009 (in Crl.M.P.410/2009) said protest complaint was also dismissed. In such circumstances, there is no necessity to grant any relief in the petition. Petition is dismissed. M.SASIDHARAN NAMBIAR, JUDGE. uj.