IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 12TH FEBRUARY 2008 / 23RD MAGHA 1929 WP(C).No. 24257 of 2007(K) -------------------------- PETITIONER: ------------ 1. V.PEETHAMBARAN, RAHUL NIVAS, SISILYPURAM, KATTACHALKUZHI P.O., BALARAMAPURAM, THIRUVANANTHAPURAM. 2. B.MANJILAS, VANAVILAVEEDU, PERINGAMALA, KALLIYOOR P.O., THIRUVANANTHAPURAM. 3. T.SURESH KUMAR, MULLAVILA VEEDU, UCHAKKADA, VENGANOOR P.O., THIRUVANANTHAPURAM. 4. C.SUDHARMAN, BATHELVILAKATHU VEEDU, MUTTAKKADU, KOVALAM P.O., THIRUVANANTHAPURAM. 5. T.JAYAKUMAR, AMBADI BHAVAN, KAVADIVILAKOM, SISILYPURAM, VENGANOOR P.O., THIRUVANANTHAPURAM. BY ADV. SRI.S.M.PREM SMT.K.P.SANTHI SRI.P.K.NIJOY RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 3. PRESIDENT, VENGANOOR GRAMA PANCHAYAT, (SPECIAL GRADE), VENGANOOR, THIRUVANANTHAPURAM. 4. SECRETARY, VENGANOOR GRAMA PANCHAYAT, (SPECIAL GRADE), VENGANOOR, THIRUVANANTHAPURAM. 5. DISTRICT MANAGER, FOOD CORPORATION OF INDIA, TRIVANDRUM DISTRICT OFFICE, VALIYATHURA, THIRUVANANTHAPURAM. 6. PROJECT DIRECTOR, POVERTY ALLEVIATION UNIT (PAU), (SGRY), OFFICE OF THE DISTRICT PANCHAYAT, PATTOM, THIRUVANANTHAPURAM. 7. CENTRAL BUREAU OF INVESTIGATION, REPRESENTED BY THE SUPERINTENDENT OF POLICE, KATHRIKADAVU, KOCHI-17. BY ADV. SRI.T.P.M.IBRAHIM KHAN, SC, FCI GOVERNMENT PLEADER ADV.SRI.GIKKU JACOB SRI.M.RAMACHANDRAN NAIR SRI.R.V.ABHISHEK SRI.HARIKUMAR.S. SRI.S.SREEKUMAR, SC FOR CBI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` W.P.(C) No. 24257 OF 2007 K ```````````````````````````````````````````````````` Dated this the 12th day of February, 2008 J U D G M E N T The short prayer of the petitioners in this writ petition is that crime No.341/07 of Vizhinjam police station may be entrusted to the 7th respondent CBI for investigation. 2. Serious allegations about misappropriation of large quantity of rice which were in the possession of the Food Corporation of India is alleged in the said crime. It is alleged that officials of the F.C.I. in collusion with some others had siphoned out rice from the possession of the F.C.I. with dishonest intention. The petitioners submit that such a serious crime committed by the officials of the F.C.I. in collusion with others deserves to be investigated by a Central Agency. The nature of the challenge before the investigator is such that a local investigator may not be able to do justice to the job and, therefore, the case may be entrusted to the CBI. WPC.24257/07 : 2 : This is the short prayer. The learned counsel for the petitioners further submits that the State Government had undertaken on the floor of the Legislative Assembly that investigation shall be entrusted to the CBI but no steps have been taken by the State Government so far. Notice was given to all concerned. The F.C.I., the 5th respondent, has filed a formal objection. They have denied the allegations in the petition but no worthwhile contention has been raised which can be an effective answer to the prayer for investigation by the CBI. No specific objection has been raised by anyone. The learned Public Prosecutor, on behalf of the State, has reported that the State has no objection and wants the matter to be investigated by the CBI. 3. The learned Standing Counsel for the CBI submits that the CBI is heavily overloaded with work and want of infrastructure and facilities fetter the ability of the CBI to conduct an effective investigation. The learned Standing Counsel submits that if this Court directs the CBI to conduct WPC.24257/07 : 3 : investigation, there may also be an appropriate direction to ensure that the requisite materials and resources are also provided by the State Government for the conduct of the investigation. 4. Having considered all the relevant inputs, I am satisfied that this petition can be allowed and direction can be issued to the 7th respondent CBI to take over and complete the investigation in crime No.341/07 of Vizhinjam police station. 5. This writ petition is accordingly allowed. The 7th respondent CBI shall take over and complete the investigation in crime No.341/07 of Vizhinjam police station. I direct that the 1st respondent shall make all necessary infrastructure and facilities available to the 7th respondent for a proper conduct of the investigation. (R.BASANT, JUDGE) aks