IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 4TH APRIL 2011 / 14TH CHAITHRA 1933 WP(C).No. 33215 of 2010(B) ----------------------------------------- PETITIONER(S): ------------------------ SAJAN T.SUNNY, ADDITIONAL LAW OFFICER, OFFICE OF THE LAW OFFICER, COMMERCIAL TAXES DEPARTMENT, PERUMANOOR.P.O., ERNAKULAM-682 015. BY ADVS. SRI.E.K.NANDAKUMAR, SRI.A.K.JAYASANKAR NAMBIAR, SRI.K.JOHN MATHAI, SRI.P.BENNY THOMAS, SRI.P.GOPINATH MENON. RESPONDENT(S): ---------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE DIRECTOR, VIGILANCE & ANTI CORRUPTION BUREAU, THIRUVANANTHAPURAM-695 033. R1 & R2 BY GOVERNMENT PLEADER SRI. K.J.MOHAMMED ANZAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/04/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss THOMAS P. JOSEPH, J. -------------------------------------- W.P.(C.) No.33215 of 2010 -------------------------------------- Dated this the 4th day of April, 2011. JUDGMENT Petitioner is accused in V.C.No.5 of 2007 of Ernakulam Vigilance Department. Prayer in this petition is for a declaration that continuation of proceeding in the said case against petitioner is illegal and unsustainable and contrary to the directions contained in Ext.P15, circular. It is contended that as against the directions in the said circular investigation is being continued for more than five years, proceedings are not completed and hence, proceedings are to be stopped. Learned counsel submitted that the Vigilance Department has submitted a final report before the Special Judge, concerned. 2. In the above circumstances, it is not necessary to proceed with this matter. If cognizance taken against petitioner is illegal as petitioner contends it is open to the petitioner to challenge the order taking cognizance. Without prejudice to that right of petitioner, this petition is closed. THOMAS P.JOSEPH, Judge. cks