IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE K.M.JOSEPH THURSDAY, THE 10TH APRIL 2008 / 21ST CHAITHRA 1930 WP(C).No. 2141 of 2008(S) ------------------------- PETITIONER: -------------------- R.GOKUL PRASAD, AGED 40 YEARS, S/O.LATE A.GOPINATHAN, 7/845/22, "PALM SHADES", AYYAPURAM, KALPATHY, PALAKKAD - 678 003. BY ADVS. SRI.SANTHEEP ANKARATH & SRI.K.P.SUDHEER RESPONDENTS: ------------------------ 1. UNION OF INDIA, REP. BY ITS SECRETARY, DEPARTMENT OF PERSONNEL AND TRAINING, CENTRAL SECRETARIAT, NEW DELHI. 2. STATE OF KERALA, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HOME, SECRETARIAT, TRIVANDRUM. 3. SECRETARY, DEPARTMENT OF FOREST AND WILD LIFE, SECRETARIAT, TRIVANDURM. 4. CENTRAL BUREAU OF INVESTIGATION, REP. BY ITS DIRECTOR, C.B.I. HEAD QUARTERS, BLOCK NO.3, CGO COMPLEX, LODHI ROAD, NEW DELHI - 110003. 5. SUPERINTENDENT OF POLICE, C.B.I SPE, COCHIN BRANCH, KERALA. BY ADV. SRI.P.PARAMESWARAN NAIR, ASST.SOLICITOR SC FOR CBI ADV. SRI.M.V.S.NAMPOOTHIRY SPL. GOVT. PLEADER SRI. RANJITH THAMPAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L. DATTU, C.J. & K.M. JOSEPH, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.2141 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 10th day of April, 2008. JUDGMENT H.L.DATTU, CJ, Sri. R.Gokul Prasad is the petitioner in this writ petition. In the writ petition filed, the petitioner requests this court to direct the Central Bureau of Investigation (“CBI” for short) to investigate into crime O.R. 9 of 2005 of Marayoor Forest Range relating to the recovery of sandalwood etc., from the possession of various persons. 2. In the present case, it so happens that the State Government has issued a notification under Section 6 of the Delhi Special Police Establishment Act vide letter No.10022/M3/2007/Home dated 13.7.2007. 3. The Officer of the C.B.I. has also filed an affidavit before this court. In that they have stated that if this court directs the C.B.I. to investigate into crime O.R.9 of 2005 of Marayoor Forest Range, they are ready and willing to conduct the investigation. 4. In view of the stand taken by the State Government as well as the C.B.I., we are of the opinion that the request made by the petitioner in the writ petition can be granted. Accordingly, we pass the following: Order i) The writ petition is disposed of. ii) A direction is issued to respondents 1 to 4 to issue notification under Section 5 of DSPE Act and take over investigation of Case No.9 of 2005 of WPC. 2141/2008. 2 Marayoor Forest Range as expeditiously as possible, at any rate within six months from the date of receipt of this court's order. Ordered accordingly. H.L. DATTU, CHIEF JUSTICE K.M. JOSEPH, JUDGE sb/DK.