IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 15TH JANUARY 2010 / 25TH POUSHA 1931 WP(C).No. 32742 of 2009(Q) --------------------------------------- PETITIONER(S): ----------------------- P.J. THOMAS, S/O. JOSE, MATTATHIL HOUSE, MYLAMPADAM, PAYYANEDAM P.O., MANNARKKAD, PALAKKAD DIST. BY ADV. MR.T.G.RAJENDRAN, MR.T.R.TARIN. RESPONDENT(S): ------------------------ 1. COCONUT DEVELOPMENT BOARD, REP. BY MANAGING DIRECTOR, THIRUVANANTHAPURAM. 2. JOSE KOLLIYIL, CONVENOR, KERALA MITHRA CLUSTER, PAYYANEDOM UNIT, MANNARKKAD, PALAKKAD DIST. 3. THE DEPUTY SUPERINTENDENT OF POLICE, VIGILANCE AND ANTICORRUPTION, PALAKKAD. R1 BY ADV. MR.T.P.M.IBRAHIM KHAN,ASST.S.G OF INDIA. R3 BY GOVERNMENT PLEADER MR.S.U. NAZAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/01/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. ------------------------------------------ W.P.C.NO.32742 OF 2009 ------------------------------------------ Dated 15th January 2010 O R D E R Petition is filed under Article 226 of Constitution of India for a writ of mandamus commanding third respondent Deputy Superintendent of Police, Vigilance and Anti-corruption to take up Ext.P2 complaint and investigate the case. Third respondent filed a statement that the allegation in Ext.P2 is against the Managing Director of Coconut Development Bureau and others and was forwarded to Superintendent of Police, C.B.I., Ernakulam for necessary action and therefore, third respondent cannot do anything in this complaint. 2. When the case cannot be Wpc 32742/09 2 investigated by the Vigilance and Anti- corruption, no direction could be issued to take up the investigation as sought for. Granting liberty to the petitioner to file a complaint as provided under Section 156(3) of Code of Criminal Procedure or to seek relief against C.B.I. the petition is disposed. M.SASIDHARAN NAMBIAR, JUDGE. uj.