IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY FRIDAY, THE 26TH AUGUST 2011 / 4TH BHADRA 1933 WP(C).No. 35821 of 2010(C) -------------------------- PETITIONER(S): --------------- M.M. PRABHAKARAN, EXECUTIVE ENGINEER, P.H. DIVISION, KERALA WATER AUTHORITY, KOCHI -16. BY ADVS. SRI.M.V.BOSE SRI.VINOD MADHAVAN RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, WATER RESOURCES DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001. 2. THE MANAGING DIRECTOR, KERALA WATER AUTHORITY, JALA BHAVAN, VELLYAMBALAM, THIRUVANANTHAPURAM-695001. 3. THE DIRECTOR, VIGILANCE AND ANTI CORRUPTION BUREAU, THIRUVANANTHAPURAM-695001. 4. THE DEPUTY SUPERINTENDENT OF POLICE, VIGILANCE AND ANTI CORRUPTION BUREAU, CENTRAL RANGE, ERNAKULAM, PANAMPILLY NAGAR P.O., PIN-682036. 5. K.M. MOOSAKUTTY, PALLINILAM HOUSE, THOTTUBHAGOM.P.O, ALUVA. 6. M.J. MARTIN, DISTRICT SECRETARY, KERALA WATER AUTHORITY AND STAFF ASSOCIATION, ERNAKULAM DISTRICT COMMITTEE, PALLIMUKKU, ERNAKULAM, KOCHI -16. 7. JOSE V. FRANCIS, VALIYAPARAMBIL HOUSE, KATTAYIL ROAD, KALOOR, KOCHI - 682 017. R1 BY PUBLIC PROSECUTOR SRI.B. JAYASURYA R2 BY ADV. SMT.AMBIKA DEVI, SC, KWA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P (C) No.35821/2010 -2- APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : TRUE COPY OF FIR IN VIGILANCE CASE 4/08/CRE DATED 05-12-2008. EXT.P2 : TRUE COPY OF FIR IN VIGILANCE CASE 5/08/CRE DATED 05-12-2008. EXT.P3 : TRUE COPY OF LAST PAGE OF PARTNERSHIP DEED DATED 19-05-2006. EXT.P4 : TRUE COPY OF JUDGMENT DATED 06-10-2009 IN CONTEMPT CASE No.974/2009. EXT.P5 : TRUE COPY OF THE JUDGMENT IN W.P(C) No.27976/2009 DATED 9-11-2009. EXT.P6 : TRUE COPY OF JUDGMENT DATED 06-01-2010 IN W.P (C) No.2694/2009. EXT.P7 : TRUE COPY OF SYNOPSIS IN W.P (C) No.7771/2010 DATED 09-03-2010. EXT.P8 : TRUE COPY OF THE JUDGMENT DATED 31-3-2010 IN W.P (C) No.11437/2010. EXT.P9 : TRUE COPY OF THE JUDGMENT IN W.P (C) No.32869/2010 DATED 28-10-2010. EXT.P10 : TRUE COPY OF THE LETTER DATED 31-08-2010. EXT.P11 : TRUE COPY OF THE LETTER DATED 03-09-2010. EXT.P12 : TRUE COPY OF THE LETTER DATED 02-09-2010 ISSUED BY EXECUTIVE ENGINEER, TO THE MANAGING DIRECTOR. EXT.P13 TRUE COPY OF THE LETTER DATED 4-9-2010 ISSUED BY EXECUTIVE ENGINEER, TO THE MANAGING DIRECTOR. EXT.P14 TRUE COPY OF THE LETTER. EXT.P15 TRUE COPY OF THE NEWSPAPER REPORT APPEARED IN MATHRUBHOOMI DAILY DATED 17-11-2010. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE AMG B.P. RAY, J. ------------------------------------------------- W.P (C) No.35821 OF 2010 ------------------------------------------------- DATED THIS THE 26th DAY OF AUGUST, 2011 JUDGMENT Heard Learned Counsel for the petitioner, the learned Public Prosecutor and respondent No.2. Petitioner filed this writ petition for the following prayers: (i) To call the entire records leading upto Exts.P1 and P2 and to issue a writ of mandamus compelling the respondents 3 and 4 to dispose of the matter emergently if the same is still pending. (ii) to direct the respondents to take necessary action against Sri. M.J. Martin and his men for their defaming and tarnishing activities against the petitioner. (iii) to issue any other appropriate Writ, Direction or Order as may be deemed fit and proper in the facts and circumstances of the case. (iv) to award the cost of the petitioner in this case. (v) to call for the entire records leading upto Exhibits P1 and P2 and to quash the same by the issuance of writ of certiorari or any other writ, direction or order. Learned Public Prosecutor on instructions submits that the enquiry will be completed within one year. In view of the submission made by the public prosecutor no orders are necessary. Writ petition is closed. Sd/- B.P. RAY, JUDGE. AMG