IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 28TH JUNE 2011 / 7TH ASHADHA 1933 Crl.MC.No. 1941 of 2011() --------------------- CC.51/2005 of ENQUIRY COMMISSIONER & SPECIAL JUDGE, THIRUVANANTHAPURAM ............... PETITIONER / DEFACTO COMPLAINANT : ------------------------------------------------------------- A.BIJU J @ KALLARA BIJU, S/O.MUHAMMED HANEEFA, AGED 39 YEARS, DEVELOPMENT STANDING COMMITTEE CHAIRMAN, KALLARA GRAMA PANCHAYATH, KALLARA PO, RESIDING AT S. S. HOUSE, KALLARA PO, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.J.JAYAKUMAR RESPONDENTS / ACCUSED & STATE : ------------------------------------------------------- 1. ABDUL AZIZ, AGED 64 YEARS, S/O.LATE J.M. KHASIM SAIT, FORMERLY DISTRICT SOIL CONSERVATION OFFICER, THIRUVANANTHAPURAM, RESIDING AT 'MEHRA', SREEKARYAM, SREEKARIYAM PO, THIRUVANANTHAPURAM, PIN – 695 017. 2. ANILKUMAR BABU, AGED 55 YEARS, S/O.LATE KUNJURAMAN, FORMERLY SOIL CONSERVATION OFFICER, VAMANAPAURAM, RESIDING AT TC 27/1043, THRIVENI, OPP. OF VANCHIYOOR POLICE STATION, VANCHIYOOR PO, THIRUVANANTHAPURAM, PIN – 695 035. 3. V.ARAVINDAKSHAN, AGED 64 YEARS, S/O.VELAYUDHAN, FORMERLY OVERSEER, OFFICE OF THE SOIL CONSERVATION OFFICER, VAMANAPURAM, RESIDING AT PUTHEN VEEDU, THOTTIKALLU, PERUMKULAM PO, ALAMCODE, ATTINGAL, THIRUVANANTHAPURAM, PIN – 695 102. 4. K.J.PRASANNAKUMARI, AGED 41 YEARS, W/O.VISWANATHAN NAIR, FORMERLY WORK SUPERINTENDENT, OFFICE OF THE SOIL CONSERVATION OFFICER, VAMANAPURAM, RESIDING AT KAPPAPLAKKAL VEEDU,VALLIKOTTA, KOTTAYAM PO, PATHANAMTHITTA DISTRICT, PIN – 686 001. ...2/- Crl.MC.No. 1941 of 2011() -2- 5. M.G.MEENAMBIKA, AGED 40 YEARS, W/O.C.VIJAYAN NAIR, FORMERLY CONVENOR, POOTHAKUZHY WATERSHED COMMITTEE, KALLARA GRAMA PANCHAYATH, THIRUVANANTHAPURAM, RESIDING AT UTHRADAM, MITHRUMMALA PO, THIRUVANANTHAPURAM, PIN – 695 610. 6. STATE OF KERALA, REPRESENTED BY THE PUBLICPROSECUTOR, HIGH COURT OF KERALA, PIN – 682 031 R6 BY PUBLIC PROSECUTOR SRI. V. MANU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn ...3/- Crl.MC.No. 1941 of 2011() APPENDIX PETITIONER'S ANNEXURE'S ANNEXURE A - 1 : COPY OF THE JUDGEMENT DATED 16.2.2004 IN WP(C) NO. 2783/2004 OF THIS HON'BLE COURT. ANNEXURE A - 2 : COPY OF AFFIDAVIT DATED 19.8.2005 FILED BY THE INVESTIGATING OFFICER BEFORE THIS HON'BLE COURT IN CC NO. 1006/2006. ANNEXURE A - 3 : COPY OF THE CHARGE SHEET NO. 21/2005 IN CRIME NO. VC.8/2001/TVM OF VIGILANCE POLICE STATION, TRIVANDRUM. ANNEXURE A - 4 : COPY OF THE ORDER SHEET IN CC NO. 51/2005 OF COURT OF ENQUIRY COMMISSION AND SPECIAL JUDGE, THIRUVANANTHAPURAM. RESPONDENT'S ANNEXURE'S - NIL //TRUE COPY// P.S. TO JUDGE Mn THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No.1941 of 2011 ==================================== Dated this the 28th day of June, 2011 O R D E R Petitioner is the de facto complainant in C.C. No.51 of 2005 pending of the court of learned Enquiry Commissioner and Special Judge, Thiruvananthapuram. Petitioner seeks a direction for early disposal of the case. Learned counsel submitted that the case is pending from 2004 onwards and that Annexure-A4 would show that the case is being adjourned without even farming charge. I have heard learned Public Prosecutor also. 2. It is seen that there has been several adjournments in the case. But without understanding the volume of work of the court concerned and priority for disposal of older cases I do not consider it appropriate to issue any such direction. It is seen that on 26.10.2009 the first respondent filed a petition for discharge. That petition also has not been disposed of. However proceeding has to be expedited. I make it clear that it is open to the petitioner to request learned Special Judge to expedite the proceedings. Without prejudice to the above right of petitioner, this Criminal Miscellaneous Case is closed. THOMAS P. JOSEPH, JUDGE. vsv