IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 20TH DECEMBER 2011 / 29TH AGRAHAYANA 1933 WP(C).No. 23892 of 2011(J) -------------------------- PETITIONER(S): --------------- C.P.PEETHAMBARAN, ADVOCATE AGED 48 YEARS, S/O.LATE KRISHNAN NAIR CHEMMANCHERRY PUTHIYA VEETIL PRAPOYIL PO, TALIPARAMBA TALUK, KANNUR. BY ADV. SRI.C.A.CHACKO SMT.LISHA.M.G. RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY PRINCIPAL SECRETARY FOREST DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE CHIEF CONSERVATOR OF FOREST THIRUVANANTHAPURAM. 3. THE DIVISIONAL FOREST OFFICER MANNARKADU, PALAKKAD DISTRICT. 4. THE FOREST RANGE OFFICER SHOLAYUR FOREST STATION PALAKKAD DISTRICT. SPL. GOVERNMENT PLEADER MADHAVANKUTTY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).23892/11 APPENDIX PETITIONER'S EXHIBITS EXT.P1TRUE COPY OF THE SALE DEED NO.1106/1999 OF SRO, MANNARKADU. EXT.P2TRUE COPY OF THE SALE DEED NO.1107/1999 OF SRO, MANNARKADU. EXT.P3TRUE COPY OF THE PAPER REPORT APPEARED IN MALAYALA MANORAMA DAILY DT.17.8.2011. EXT.P4TRUE COPY OF THE OCCURRENCE REPORT NO.16.11 OF 4TH RESPONDENT FOREST STATION. EXT.P5TRUE COPY OF THE CONFRESSION STATEMENT OF RAGHAVAN THE CARE TAKER OF THE PROPERTY. EXT.P6TRUE COPY OF THE LOCATION SKETCH SHOWING THE PROPERTY OF LATE BHASKARA PILLAI. EXT.P7TRUE COPIES OF THE LATES BILLS IN RESPECT OF CONSUMER NO.4486-O, 4629-O& 9120-O OF AGALY ELECTRICAL SECTION. EXT.P8TRUE COPY OF THE REPRESENTATION DT.26.8.2011 SENT BY THE PETITIONER TO THE IST RESPONDENT. EXT.P9TRUE COPY OF THE REPRESENTATION DT.26.8.2011 SENT BY THE PETITIONER TO THE 2ST RESPONDENT. EXT.P10 TRUE COPY OF ACKNOWLEDGEMENT CARD FOR RECEIPT OF EXT.P8 BY THE IST RESPONDENT. EXT.P11 TRUE COPY OF ACKNOWLEDGEMENT CARD FOR RECEIPT OF EXT.P9 BY THE 2ND RESPONDENT. EXT.P13- TRUE COPY OF APPLICATION DATED 21.10.11 UNDER RIGHT TO INFORMATION ACT SENT BY THE PETITIONER TO THE VILLAGE OFFICER, SHOLAYUR EXT.P14- TRUE COPY OF REPLY DATED 21.11.11 OF THE VILLAGE OFFICER, SHOLAYUR A.R3(a)- TRUE COPY OF THE LETTER NO.187/11 DATED 24.8.11 OF THE VILLAGE OFFICER, SHOLAYUE ADDRESSED TO THE FOREST RANGE OFFICER, AGALI A.R3(b)- TRUE COPY OF LETTER NO.2-2/04-PE DTED 11.11.09 OF OTHE INSPECTOR GENERAL OF FORESTS AND DIRECTOR (PROJECT ELEPHANT), MINISTRY OF ENVIRONMENT AND FORESTS, PROJECT ELEPHANT, GOVERNMENT OF INDIA ADDRESSED TO ALL THE CHIEF WILDLIFE WARDENS A-R3(c)- TRUE COPY OF MAHAZAR DATED 13.9.11 /true copy/ PA To Judge ANTONY DOMINIC, J ....................................................... W.P.(C).23892/2011 .............................................. Dated this the 20th day of December, 2011 JUDGMENT Petitioner is a advocate. According to the petitioner, he owns 8 acres of garden land in Sholayur Village in Mannarkadu Taluk, comprised in R.S.1474/1 Pt. It appears that O.R.No.16/2011 was registered by the fourth respondent following the death of a Tuskar due to electrocution which occurred on 16.8.2011. In that case, the care taker of the estate is the first accused and the petitioner is the third accused. Subsequently, pursuant to the orders of this Court in B.A.6891/2011, petitioner surrendered before the Investigating Officer and is enlarged on bail. 2. At that stage, petitioner also made Ext.P9 application before the first respondent seeking a fair investigation into the allegation that it was on account of the electrocution in his estate that the death of the Tuskar has occurred. It is thereafter, that this writ petition was filed, with the following prayers:- (i). Issue a writ of Mandamus or any other order or direction, directing the respondents 1 and 2 to instruct the respondents 3 and 4 to delete the petitioner's name from the array of the accused in O.R.No.16/2011 of Sholayur Forest Station forthwith. W.P.(C).23892/11 2 (ii). Issue a writ of mandamus or any other order or direction, directing the respondents 3 and 4 to pay compensation of Rs.5,00,000/- to the petitioner for illegally arraying the petitioner as an accused in the above crime. 3. Today when the matter was taken up, the learned Government Pleader submitted that the investigation into the crime referred to above is in progress. He also confirms receipt of Ext.P9 before the second respondent. 4. Since the investigation is incomplete as on date, and as Ext.P9 filed by the petitioner is pending before the second respondent, I direct the second respondent to consider Ext.P9 and pas appropriate orders in the mater. This shall be done as expeditiously as possible at any rate, within two months of receipt of a copy of this judgment. Needless to say that before orders are passed on Ext.P9, petitioner shall be given an opportunity of hearing. Writ petition is disposed of as above. ANTONY DOMINIC, Judge mrcs