IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH WEDNESDAY, THE 5TH NOVEMBER 2008 / 14TH KARTHIKA 1930 WP(C).No. 16880 of 2006(H) -------------------------- PETITIONER(S): ------------------------ ATTUKAL SURENDRAN, S/O.BHARGAVAN, PUNNAMODU VEEDU, T.C.49/968, MANAKKAD, THIRUVANANTHAPURAM. BY ADV. SRI.K.RAMAKUMAR (SR.) RESPONDENT(S): ---------------------------- 1. THE SECRETARY TO GOVERNMENT, DEPARTMENT OF AGRICULTURE (PLANNING), GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 2. THE SECRETARY TO HOME AND VIGILANCE, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 3. THE DIRECTOR GENERAL OF VIGILANCE, NEAR VIKAS BHAVAN, THIRUVANANTHAPURAM. 4. SRI.P.J.JOSEPH, PALATHINKAL HOUSE, PORAPUZHA, POST THODUPUZHA (NOW THE HON'BLE MINISTER FOR PUBLIC WORKS DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM). 5. THE FEDERATION OF INDIAN FLOWERY CULTURISTS, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY. ADV. SRI.M.K. DAMODARAN (SR) SRI.NOBLE MATHEW FOR R4 ADVOCATE GENERAL SRI.C.P.SUDHAKARA PRASAD FOR R1 TO 3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH, J. --------------------------------------- W.P.(C) No.16880 OF 2006 --------------------------------------- Dated this the 5th day of November, 2008. J U D G M E N T This writ petition is filed with the following prayer: i) To issue a Writ of Mandamus commanding respondents 1 to 3 to immediately take action on the basis of the report prepared by the Director of Vigilance finding some persons guilty in regard to the grant of monies to the 5th respondent society at the behest of the 4th respondent and launch a prosecution against persons who are suspected to be guilty. Learned Advocate General submits that the Director, Vigilance and Anti Corruption Bureau after scrutinizing the report of the Enquiry Officer has recommended recovery of Rs.21,60,831/- with interest from the President, Secretary and Treasurer of the Federation of Indian Floriculturists. It is also submitted that the Director does not see any scope for registration of a case for criminal misconduct. Still further it is submitted that recommendation of the Director is now pending with the Government. W.P.(C) No.16880/06 2 2. There will be a direction to the Government to take a final decision on the recommendation of the Director of Vigilance, if not already taken, within a period of three months from the date of receipt of a copy of this judgment. This writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. smp W.P.(C) No.16880/06 3 KURIAN JOSEPH, J. W.P.(C) No. 16880 OF 2006 J U D G M E N T 05.11.2008