IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 29TH NOVEMBER 2011 / 8TH AGRAHAYANA 1933 WP(C).No. 21478 of 2010(H) --------------------------------------- PETITIONER: ------------------- C.K.NATESAN, AGED 80 YEARS, S/O.C.K.KUNJAYYAN, CHEMMATTUVELY HOUSE, NADAKKAVU P.O., UDAYAMPEROOR. BY ADV. SRI.M.SHAJU PURUSHOTHAMAN. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF LOCAL SELF GOVERNMENT, SECRETARIAT, TRIVANDRUM. 2. DIRECTOR OF PANCHAYATH, THIRUVANANTHAPURAM. 3. MARIA GORETTI, SECRETARY, UDAYAMPEROOR GRAMA PANCHAYATH, UDAYAMPEROOR.P.O., PIN - 682 307. R1 & R2 BY GOVT. PLEADER SMT. RANI DIOTHIMA, R3 BY ADVS. SRI.PHILIP T.VARGHESE, SRI.THOMAS T.VARGHESE. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).NO.21478/2010-H: APPENDIX PETITIONER'S EXHIBITS:- EXT.P.1: COPIES OF THE CERTIFIED COPIES OF THE DOCUMENTS ISSUED BY THE SECRETARY, UDAYAMPEROOR GRAMA PANCHAYAT PRODUCED BY THE DEFENDANTS IN O.S. 1074/08 IN PRINCIPAL MUNSIFF COURT, ERNAKULAM DTD. 01/10/2009. EXT.P.2: COPY OF THE COMPLAINT SENT TO THE DIRECTOR OF VIGILANCE AND ANTI CORRUPTION BUREAU BY THE PETITIONER DTD. 15/01/2010. EXT.P.3: COPY OF THE ACKNOWLEDGEMENT CARD DTD. 11/01/2010. EXT.P.4: COPY OF THE COMPLAINT SENT TO THE R.2. BY THE PETITIONER DTD. 15/01/2010. EXT.P.5: COPY OF THE ACKNOWLEDGEMENT CARD DTD. 18/10/2010. RESPONDENT'S EXHIBITS:- NIL. //TRUE COPY// P.A. TO JUDGE Prv. C.K. ABDUL REHIM, J. ------------------------------------------- W.P.(C) No. 21478 of 2010-H ------------------------------------------- Dated this the 29th day of November, 2011 J U D G M E N T ---------------------- This writ petition is filed seeking direction to the 2nd respondent to take appropriate action on Ext.P4 complaint submitted against the 3rd respondent. Inter alia the petitioner is seeking direction to the 2nd respondent to initiate disciplinary action against the 3rd respondent. 2. Allegation is that the 3rd respondent, the Secretary of the Udayamperoor Grama Panchayat, had issued an attested copy of Ext.P1 document to Advocate Sri.Jose P.Joseph, who is the counsel appearing for the defendants in a suit instituted by the petitioner before the Principal Munsiff Court as O.S.No.1074/2008, by committing forgery with respect to corrections made in the attested copy of Ext.P1. Raising the above allegation the petitioner had submitted Ext.P2 and P4 complaints before the 2nd respondent. Since no action is taken on the basis of the complaints the petitioner is seeking direction from this court. W.P.(C).21478/2010-H -2- 2. Considering the facts and circumstances, it is evident that the petitioner is raising allegation of forgery with respect to a document which was produced before the civil court. If the petitioner has got any grievance that forged document was produced before the court of law, he can approach that court seeking appropriate relief with respect to such production. Further, if the petitioner has got a case that the 3rd respondent had committed any offense of forgery, he can set law into motion for initiating appropriate steps under the Code of Criminal Procedure. Unless the petitioner is seeking to enforce any statutory right through the representation submitted before the 2nd respondent, it may not be justified on the part of this court to issue any direction against the 2nd respondent. 3. Under the above mentioned circumstances, the writ petition is dismissed, however, reserving liberty to the petitioner to take appropriate steps as mentioned above. Sd/- C.K.ABDUL REHIM, JUDGE. okb True copy P.A to Judge