IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MRS.MANJULA CHELLUR & THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 11TH NOVEMBER 2011 / 20TH KARTHIKA 1933 WP(C).No. 30073 of 2011(S) ------------------------------------- PETITIONER(S): -------------------- SURENDRAN A.K,S/O.KRISHNANKUTTY MENON, AGED 46 YEARS,6/361,PALLA STREET, SEKHARIPURAM,PALAKKAD 678 010. BY ADV. SRI.A.RANJITH NARAYANAN SRI.S.K.SAJU RESPONDENT(S): ----------------------- 1. STATE OF KERALA REPRESENTED BY THE CHIEF SECRETRARY TO THE GOVERNMENT,GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001. 2. THE ADDITIONAL CHIEF SECRETARY TO THE GOVERNMENT, (INDUSTRIES DEPARTMENT) GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001 3. TJE CENTRAL BUREAU OF INVESTIGATION REPRESENTED BY ITS DIRECTOR CBI HEAD QUARTERS NEW DELHI 110 007. 4. JOHN MATHAI, IAS (RTD),FORMER CHAIRMAN MALABAR CEMENTS LIMITED, WALAYAR, MALANCHARUVIL,TC 4/1710, KAVADIYAR, THIRUVANANTHAPURAM 695 003. 5. T.PADMANABHAN NAIR,FORMER DIRECTOR MALABAR CEMENTS LIMITED, WALAYAR, NO.TC 11/381, DEVASWOM BOARD, JUNCTION, KAVADIYAR, THIRUVANANTHAPURAM 695 003. 6. N.KRISHNAKUMAR, FORMER DIRECTOR MALABAR CEMENTS LIMITED, WALAYAR, NO.50/1054-1,SREEKRISHNA NAGAR, THALAYIL, KARAMANA,THIRUVANANTHAPURAM 695 002. 7. S.S.MONI,S/O.SANKARANARAYANA IYER, FORMER MANAGING DIRECTOR, MALABAR CEMENTS LIMITED, WALAYAR, KRISHNAKRIPA, BHAGAVATHI NAGAR, PUDUSSERY P.O, PALAKKAD 678 007. 8. K.MURALEEDHARAN NAIR, S/O.P.KRISHNA PILLAI, FORMER GENERAL MANAGER, MALABAR CEMENTS LIMITED, SREEVAISAKH, HOUSE NO.353, CHANDRANAGAR EXTENSION COLONY, CHANDRANAGAR P.O., PALAKKAD-678 007. 9. V.M.RADHAKRISHNAN, PROPRIETOR, SRV TRANSPORTS, 21/C, KOIL PILLAI NAGAR, THERMAL NAGAR, TUTICORIN, TAMIL NADU-600 011. 10.S.VADIVELU, HOUSE NO.62, ORKALIYUR, JAMIN, OOTHUKALI P.O., POLLACHI, COIOMBATORE-600 011. 11.UDAYAKANTHY, FORMER GEOLOGIST, MALABAR CEMENTS LIMITED, WALAYAR, S/O.A.P.KANTHY, “SUKHADE”. CHANDRANAGAR, PALAKKAD-678 007. 12.ANANDKUMAR, FORMER DEPUTY MANAGER (P& QC), MALABAR CEMENTS LIMITED, WALAYAR, S/O.RAMANARAYANA, C/O.AMBAST, GYANPUR P.O., ST.RAVIDASNAGAR DISTRICT, UTTAR PRADESH-233 001. 13.MOHAMMED FIROZ, S/O.ABDUL GANI BASHA, PROPRIETOR, M/S.CRESENT MINES AND MINERALS, LALGUDI, TRICHY, 15, 3RD CROSS, PARAMASIVAPURAM, LALGUDI, TRICHY, TAMIL NADU-600 018. R3 BY SC SRI.P.CHANDRASEKHARA PILLAI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 30073 of 2011 APPENDIX PETITIONER(S) EXHIBITS EXT.P1 TRUE COPY OF THE JUDGMENT DATED 04-06-2007 IN WPC NO.2074/2007. EXT.P2 TRUE COPY OF THE JUDGMENT DATED 18-07-2008 IN WPC NO.6006/2008. EXT.P3 TRUE COPY OF THE JUDGMENT DATED 23-01-2009 IN WPC NO.1376/2009. EXT.P4 TRUE COPY OF THE JUDGMENT DATED 21-12-2010 IN WPC NO.29581/2010. EXT.P5 TRUE COPY OF THE JUDGMENT DATED 16-2-11 IN WPC NO.3477/2011. /TRUE COPY/ PS TO JUDGE MANJULA CHELLUR, Ag.C.J & C.N.RAMACHANDRAN NAIR, J. ---------------------------------------------- W.P(C).No. 30073 of 2011 ---------------------------------------------- Dated this the 11h day of November, 2011 JUDGMENT Manjula Chellur, Ag.C.J. The petitioner, as a pro bono publico, has approached this Court seeking the following reliefs: i. Issue a Writ of Mandamus or other appropriate Writs, Orders or directions commanding the first respondent to direct the third respondent to take over the investigation of all the vigilance cases pertaining to Malabar Cements Limited during the period 2001-06. ii. Render such other orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case. 2. It is not in dispute that in pursuance of several judgments of this Court, which are referred to in the exhibits annexed to the Writ Petition, a direction was issued to the first respondent to entrust investigation of various contracts in the premier public sector of the State, i.e., Malabar Cements Limited during the previous UDF Government between 2001-2006. It is also not in dispute that the investigation, which was entrusted to the WP(C).30073/11 2 Vigilance Department, is already completed and final report was submitted. As submitted by the learned Advocate General, based on the report, cognizance was taken and four cases are already registered against the accused persons. At this stage, the petitioner is seeking entrustment of the matter to the Central Bureau of Investigation. 3. According to the learned counsel for the petitioner, the final report now filed refers to the fact that several suppliers or the contractors were from outside State of Kerala. Therefore, if the investigation is conducted by the State Vigilance, such interstate ramifications may not yield good result. Therefore, having regard to the nature and magnitude of the problem, if the investigation is done by an expert agency like Central Bureau of Investigation, it would meet the ends of justice. 4. The other ground raised by the petitioner is with regard to the unnatural death of former Company Secretary of Malabar Cements Limited. It is not in dispute that in pursuance of the directions of the Court as per Exhibit P5, the investigation into the unnatural death of former Company Secretary was already entrusted to the Central Bureau of Investigation and the investigation is pending. WP(C).30073/11 3 5. Having regard to the above two grounds raised by the petitioner, we need not give any direction so far as the investigation into the unnatural death of former Company Secretary and so far as the other investigation pertaining to Malabar Cements, four cases are already registered against the accused after cognizance being taken by the concerned Court and the only apprehension of the appellant seems to be that if trial is conducted during the tenure of UDF Government, it may not yield good result. 6. We are of the opinion that this cannot be taken into consideration at all as the UDF Government has nothing to do with the trial being conducted in the Courts as investigation is completed, charge sheets are filed and cognizance is taken against accused persons. When a charge sheet is already filed against accused persons, question of entrusting the investigation to Central Bureau of Investigation would not arise. The grievance of the petitioner is that the final report has some lacuna which has to be again investigated. In that view of the matter, we are of the opinion that the reliefs sought in this Writ Petition cannot be granted. However, it is always open to the petitioner to approach the concerned Court at the time of trial, seeking permission to WP(C).30073/11 4 assist the prosecution in accordance with the rules and such application will have to be considered by the concerned Court in accordance with the procedure. With the above observations, we dispose of the Writ Petition. MANJULA CHELLUR, ACTING CHIEF JUSTICE C.N.RAMACHANDRAN NAIR, JUDGE vgs