IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 9TH FEBRUARY 2011 / 20TH MAGHA 1932 WP(C).NO. 37867 OF 2010(G) ------------------------------------------- PETITIONER(S): ---------------------- GISA ACTION COUCNIL, REG.NO.ER 195/2009, REGISTERED UNDER TRAVANCORE-COCHIN CHARITABLE SOCIETIES REGISTRATION ACT, REPRESENTED BY ITS SECRETARY, MICHAEL GEORGE. BY ADV. SRI.K.P.DANDAPANI, SENIOR ADVOCATE SRI.MILLU DANDAPANI RESPONDENT(S): ------------------------- 1. UNION OF INDIA, REPRESENTED BY CABINET SECRETARY, MINISTRY OF PERSONNEL & ADMINISTRATIVE REFORMS, RASHTRAPATHI BHAVAN, NEW DELHI. 2. THE CENTRAL BUREAU OF INVESTIGATIONS, REPRESENTED BY ITS DIRECTORS, NEW DELHI. ADV. SRI.T.P.M.IBRAHIM KHAN,ASST.S.G OF INDI FOR R1 SRI.M.V.S.NAMBOOTHIRY,SC, C.B.I. FOR R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== W.P(C) No.37867 of 2010 ==================================== Dated this the 09th day of February, 2011 J U D G M E N T Petitioner seeks a direction to respondent Nos.1 and 2, Union of India and the Central Bureau of Investigation (for short, “the CBI”) to take up Crime Nos.202 of 2009, 223 of 2009, 339 of 2009, 340 of 2009 and 348 of 2009 of Kalamassery police station pursuant to Ext.P1, judgment dated February 01, 2010 in W.P(C ) Nos.10573 and 27663 of 2009. Learned Senior Advocate, Shri K.P.Dandapani appearing for petitioner submits that in spite of sanction accorded by the State Government and Notification issued to that effect and the order passed by this Court (Ext.P1) respondents have not so far taken investigation of the case. I have heard learned Standing Counsel for the CBI as well. 2. It is seen from Ext.P2 that in the light of Ext.P1, judgment referred to above the Government of Kerala as per Order No.5870/M3/2010/Home dated May 28, 2010 has issued Notification (G.O.(Ms.) No.94/2010/Home) dated April 23, 2010 according sanction to the second respondent to exercise powers and jurisdiction in the whole State of Kerala to investigate offences involved in Crime Nos.202/09, 223/09, 339/09, 340/09 and 348/09 of Kalamassery police Station in Ernakulam District. W.P(C) No.37867 of 2010 -: 2 :- This Court in Ext.P1, judgment observed that it is not necessary to go into the details of the case in the light of Ext.P2, order which stated that Government has no objection to entrust the cases in the above referred crimes to respondent No.2. 3. It is not disputed that in spite of Exts.P1 to P3 respondent No.2 has not so far taken up investigation of the case. It is seen that Ext.P1, judgment was passed as early as on February 1, 2010 and even after lapse of a year nothing has been done. Having regard to the circumstances stated I am inclined to allow this petition and issue direction to the second respondent. Resultantly, this Writ Petition is allowed and respondent No.2 is directed to take up the cases in Crime Nos.202 of 2009, 223 of 2009, 339 of 2009, 340 of 2009 and 348 of 2009 of Kalamassery police station, register case and investigate the same. This shall be done by the second respondent within a month from the date of receipt of a copy of this judgment which petitioner shall make available to the second respondent. The local police shall forthwith transmit the cases to respondent No.2 for investigation. THOMAS P. JOSEPH, JUDGE. vsv