IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 14TH MARCH 2011 / 23RD PHALGUNA 1932 WP(C).No. 4145 of 2011(P) ------------------------------------ PETITIONER: ------------------ HINDUSTAN PETROLEUM CORPORATION LTD., IRUMPANAM TERMINAL, IRUMPANAM- KALAMASSERY ROAD, REPRESENTED BY ITS SENIOR MANAGER (INSTALLATION), A.K.KRISHNANKUTTY, S/O. K.O.KRISHNAN, AGED 54 YEARS, RESIDING AT THIRUVAMKULAM, ERNAKULAM DISTRICT. BY ADV. SRI.B.N.SHIVSANKAR RESPONDENTS: ----------------------- 1. THE COMMISSIONER OF POLICE, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, HILL PALACE POLICE STATION, TRIPUNITHURA. R1 BY GP SRI. P.N. SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMACHANDRA MENON, J. ------------------------- W.P (C) No.4145 of 2011 -------------------------- Dated this the 14th March, 2011 J U D G M E N T The petitioner, a 'Petroleum Company' in the Public Sector, has filed this writ petition seeking issuance of a writ of mandamus directing the respondents to initiate action in connection with the offences stated as committed by the persons concerned, as stated in Exts.P2 and P6. 2. The case of the petitioner is that, the petitioner's premises having already been declared as 'protected area' under the relevant provisions of the Official Secrets Act, as borne by Ext.P1 notification dated 28th February, 2005, the encroachers are liable to be prosecuted; for which necessary proceedings have already been filed before the Police; which however is still to be acted upon. 3. Heard the learned Government Pleader, who submits on instructions, that the matter has already been considered by the 2nd respondent and a crime has been registered as Crime No.388/2011 in respect of the offences under Section 447 & 506 (1) of I.P.C. It is stated that W.P (C) No. 4145 of 2011 2 investigation is going on and on completion of the same, final report will be filed before the concerned Magistrate's Court, as contemplated under Section 173 of the Cr.P.C. In the above circumstances, no specific order is warranted. The writ petition is closed recording the submission as aforesaid. Sd/- P.R.RAMACHANDRA MENON, JUDGE ma /True copy/ P.A to Judge