IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 11TH FEBRUARY 2008 / 22ND MAGHA 1929 WP(C).No. 2168 of 2008(G) ------------------------- CRMP.3585/2006 of C.J.M.,THRISSUR .................... PETITIONER: ------------ THOMAS PANJIKARAN, AGED 63 YEARS, S/O.KOCHAUSEPH, PANJIKKARAN HOUSE, P.O.POYYA, 680733 TRICHUR DISTRICT. BY ADV. SRI.J.S.RALPH SMT.PREETHY KARUNAKARAN RESPONDENTS: ------------- 1. PRINCIPLE ACCOUNTANT GENERAL AUDIT, THIRUVANANTHAPURAM, REPRESENTED BY THE GOVT.PLEADER, HIGH COURT OF KERALA, ERNAKULAM. 2. DEPUTY ACCOUNTANT GENERAL, ADMINISTRATION, TRIVANDRUM, REPRESENTED BY THE GOVT.PLEADER, HIGH COURT OF KERALA, ERNAKULAM. 3. C.C.PAUL, ASST.AUDIT OFFICER (COMMERCIAL) IN THE OFFICE OF THE PRINCIPLE ACCOUNTANT GENERAL (AUDIT), KERALA, TRICHUR, REPRESENTED BY THE GOVT.PLEADER, HIGH COURT OF KERALA, ERNAKULAM. 4. SECY. TO THE HOME DEPARTMENT OF GOVT. OF KERALA, THIRUVANANTHAPURAM, REPRESENTED BY THE GOVT.PLEADER, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI.P.SANTHALINGAM SRI.S.SHARAN SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR, J ...................................... W.P. (C) No. 2168 of 2008 ...................................... Dated: 21st January 2008 ORDER Petitioner is the complainant in C.M.P. No. 3585 of 2006 on the file of the Chief Judicial Magistrate Court, Trichur alleging certain offences against 21 persons arrayed as the accused therein. At the stage of 202 enquiry the Chief judl. Magistrate appointed the 3rd respondent herein to conduct the investigation with regard to the allegations in Ext.P1 complaint. The 3rd respondent is one C.C. Paul, Asst. Audit Officer (Commercial ), Trichur in the office of the Principal Accountant General (Audit), Kerala, Trichur. Even though Ext.P1 order was challenged before this Court by the 3rd accused in Crl. M.C. No. 541 of 2007 this Court as per Ext.P2 order dated 1-3-2007 confirmed the said order and dismissed the said M.C. The grievance of the petitioner is that the first respondent Principle Accountant General Audit, Thiruvananthapuram has not so far deputed the 3rd respondent for conducting the investigation in spite of Ext.P3 communication dated 9- 3-2007 issued by the Chief Judicial Magistrate, Thrissur to the first respondent. 2. There is no reason why the first respondent should not comply with the directions in Ext.P1 order as -:2:- well as in Ext.P3 notice by deputing the 3rd respondent after sanctioning his duty leave for the purpose. The ist respondent has not even chosen to send his response to Ext.P3 notice sent by the Chief Judicial Magistrate, Thrissur. Accordingly, the first respondent is directed to depute the 3rd respondent C.C. Paul for the purpose of investigation before the Chief Judl. Magistrate, Thrissur within one week of receipt of a copy of this order failing which the first respondent shall personally appear before this Court and face the consequences for the disobedience of the directions issued to him in that behalf. The date of appearance is fixed on 11-02-2008. Post on 11-02-2008. Communicate a copy of this order to the Ist respondent. V.RAMKUMAR, (JUDGE). ani handover copy to G.P. -:3:-