IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 7TH MARCH 2011 / 16TH PHALGUNA 1932 WP(C).No. 33891 of 2009(Q) --------------------------------------- PETITIONER(S): ------------------------ M.K.JIBINSHA, PROPRIETOR, M/S.RELAX TODAY'S KITCHEN, THRISSUR ROAD, IRINJALAKUDA. BY ADVS. SRI.DINESH R.SHENOY SRI.G.HARIKRISHNAN (TRIPUNITHURA) SRI.MAHESH MENON RESPONDENT(S): ------------------------- 1. SANKARA NARAYANAN, INTELLIGENCE OFFICER, OFFICE OF INSPECTING ASSISTANT COMMISSIONER (INTELLIGENCE), DEPARTMENT OF COMMERCIAL TAXES, PADINJAREKOTTA, THRISSUR. 2. SHAJU NAMBADAN, INTELLIGENCE OFFICER(IB) WORKS CONTRACTOR, SALES TAX OFFICER, ROUND NORTH, THRISSUR. 3. E.C.ROBERT, COMMERCIAL TAX OFFICER, WORKS CONTRACTOR, SALES TAX OFFICE, ROUND NORTH, THRISSUR. 4. THE DEPUTY COMMISSIONER, DEPARTMENT OF COMMERCIAL TAXES, AYYANTHOLE P.O., CIVIL STATION, THRISSUR. 5. DIRECTOR, VIGILANCE & ANTI CORRUPTION BUREAU, PUBLIC OFFICE BUILDING, VIKAS BHAVAN, TRIVANDRUM. 6. SUPERINTENDENT OF POLICE, VIGILANCE & ANTI CORRUPTION BUREAU, JAWAHARLAL NEHRU STADIUM, ERNAKULAM. tss W.P.(C) NO.33891/2009 7. SAFARULLAH SAYEED, DYSP, VIGILANCE & ANTI CORRUPTION BUREAU, THRISSUR, NOW POSTED TO V & A C B, KOZHIKODE. R1 BY ADV. SRI.SUMAN CHAKRAVARTHY R2 BY ADV. SRI.M.K.DILEEP KUMAR R3 BY ADV. SRI.MANOJ T.V. R4 TO R5 BY ADDL. DIRECTOR OF PROSECUTION SRI.P.N.SUKUMARAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss THOMAS P. JOSEPH, J. -------------------------------------- W.P.(C.) No.33891 of 2009 -------------------------------------- Dated this the 7th day of March, 2011. JUDGMENT Petitioner in this proceeding is the proprietor of M/s.Relax Today's Kitchen, Irinjalakuda. It is alleged that respondent Nos.1 and 2 were handling matters relating to the sales tax assessment of the petitioner and they demanded huge amount as bribe threatening to assess petitioner exorbitantly and impose penalties if their demands were not met. Petitioner made a complaint to respondent No.6 based on which the Vigilance conducted a raid in the office of Intelligence Assistant Commissioner, Sales Tax, Thrissur and Sales Tax Circles I and II, Ayyanthole on 18.03.2009. According to the petitioner, information he received as seen from Ext.P2 series, press reports and Ext.P7, reply received from respondent No.6 is that unaccounted money was seized from some of the said offices. The Vigilance Authorities are said to have come across one Bava from Malappuram who had come to the office allegedly to pay bribe to the Income-tax Authorities for release of his vehicle. Grievance of petitioner is that no criminal case has been registered, nor disciplinary action initiated against the officers involved. Hence this petition seeking direction to respondent Nos.5 and 6 to register a first information report in connection with the alleged raid conducted on 18.03.2009 and take immediate effective follow up action to bring the offenders to justice, a direction to respondent No.4 to initiate disciplinary action against the officers who had been caught red handed while allegedly accepting bribe on 18.03.2009. W.P.(C) No.33891/2009 2 2. I have heard learned counsel for petitioner, respondent Nos.1 and 3 and the learned Additional Director General of Prosecution appearing for respondent Nos.4 to 7. Learned Additional Director General of Prosecution tells me that a preliminary enquiry (before registration of the case) is being conducted by the Superintendent of Police, VACB, Ernakulam. 3. In the light of the above statement of learned Additional Director General of Prosecution it is not necessary to issue any direction to register a case. 4. So far as the request to initiate disciplinary action is concerned that is a matter within the power of the Government and no direction could be issued. In the light of the submission made by the learned Additional Director General of Prosecution this petition is closed without prejudice to the right of petitioner to initiate appropriate action based on the result of preliminary enquiry, before appropriate forum. THOMAS P.JOSEPH, Judge. cks