IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 28TH OCTOBER 2009 / 6TH KARTHIKA 1931 WP(C).No. 27377 of 2009(Q) --------------------------------------------- ST.589/2008 of C.J.M.PATHANAMTHITTA .................... PETITIONERS: 1. K.J.THOMAS, S/O.JOSEPH JOSEPH, DEPUTY CHIEF ENGINEER, DIRECTOR PETARC, MOOLAMATTOM, IDUKKI DISTRICT. 2. B.PRADEEP, AGED 43 YEARS, S/O.M.N.BHASKARAN, EXECUTIVE ENGINEER, ELECTRICAL CIRCLE, KOTTARAKKARA. BY ADV. SRI.T.SETHUMADHAVAN SRI.PUSHPARAJAN KODOTH SRI.K.JAYESH MOHANKUMAR SMT.VANDANA MENON SMT.ANJU P.NAIR RESPONDENTS: 1. STATE OF KERALA, REPRESENTED BY THE DIRECTOR OF PUBLIC PROSECUTIONS, HIGH COURT OF KERALA, ERNAKULAM. 2. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY THE SECRETARY, VYDHUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM. 3. THE SECRETARY TO GOVERNMENT OF KERALA, POWER DEPARTMENT, THIRUVANANTHAPURAM. 4. THE SECRETARY TO GOVERNMENT OF KERALA, LABOUR DEPARTMENT, THIRUVANANTHAPURAM. 5. THE PRINCIPAL SECRETARY TO GOVERNMENT, HOME DEPARTMENT, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 6. THE DIRECTOR OF FACTORIES AND BOILERS, KERALA, THIRUVANANTHAPURAM. 7. THE INSPECTOR OF FACTORIES AND BOILERS, GR.II, CHENGANNUR. By GOVT. PLEADER SRI.AMJAD ALI FOR R1, R3-R7 ADV. SRI.P.P.THAJUDEEN FOR R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.Sasidharan Nambiar, J. -------------------------- W.P.(C)No.27377 of 2009 Q -------------------------- JUDGMENT Petitioners are the accused in S.T.No.589/2008 on the file of Chief Judicial Magistrate's Court, Pathanamthitta. This petition is filed under Articles 226 and 227 of Constitution of India for a writ of mandamus commanding fifth respondent to pass orders on Exhibits P11 and P12 communications. By Exhibit P11, first petitioner sought Kerala State Electricity Board to request Government of Kerala to withdraw the prosecution in S.T.No.589/2008 filed by the Inspector of Factories and Boilers Department, Chengannur Unit. By Exhibit P12, the Chairman of Kerala State Electricity Board requested the Government to consider the proposal for withdrawal of the prosecution in S.T. No.589/2008 as against petitioners, who were the then Deputy Chief Engineer and the Executive Engineer, General Division, Moozhiar. 2.Learned counsel appearing for the petitioners submitted that though Exhibits P11 and P12 were originally pending before fourth respondent, they were WPC 27377/09 2 subsequently forwarded to the fifth respondent for taking a decision and in such circumstances, a direction be issued to the fifth respondent to consider and pass appropriate orders on Exhibits P11 and P12 expeditiously. 3. Learned Government Pleader submitted that necessary directions could be issued to the fifth respondent to consider and pass necessary orders on Exhibits P11 and P12 expeditiously. Writ petition is disposed directing fifth respondent to consider and pass appropriate order on Exhibit P12 communication, sent by the Chairman of Kerala State Electricity Board, as expeditiously as possible, at any rate within a period of fifty days from the date of receipt of a copy of this judgment. 28th October, 2009 (M.Sasidharan Nambiar, Judge) tkv