IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 8TH DECEMBER 2009 / 17TH AGRAHAYANA 1931 WP(C).No. 30894 of 2009(Q) --------------------------------------- PETITIONER: ------------------- MANIKUTTAN @ MANIKANDAN, ALAYIL KIZHAKKATHIL, MANAKKARA MURI, SASTHAMCOTTA, KOLLAM DISTRICT. BY ADV. MR.K.SUBASH CHANDRA BOSE. RESPONDENTS: ----------------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. SECRETARY, HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 3. THE INSPECTOR GENERAL OF POLICE, I.G OFFICE, THIRUVANANTHAPURAM. 4. THE SUPERINTENDENT OF POLICE, KOLLAM. 5. K.PRASANNA KUMAR, CIRCLE INSPECTOR OF POLICE, SASTHAMCOTTA, KOLLAM NOW WORKING AS DY.SP KARUNAGAPPALLY, KOLLAM. R1 TO R4 BY GOVT. PLEADER MR. S.U. NAZAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/12/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR,J. =========================== W.P.(C)No. 30894 OF 2009 =========================== Dated this the 8th day of December,2009 JUDGMENT This petition is filed under Article 226 of the Constitution of India for a writ of mandamus directing respondents 1 to 3 to grant sanction for prosecuting fifth respondent by taking a decision in Ext.P8 petition, within a time frame. By Ext.P8 petition dated 23.6.2008 petitioner sought sanction under section 197 of Code of Criminal Procedure to prosecute fifth respondent for offences under sections 323 and 506(i) of Indian Penal code and Section 42(h) of Kerala Police Act. 2. Learned Government pleader on instruction submitted that the question of granting sanction as sought for under Ext.P8 is under the active consideration of the Government and Government has called for a report from the Director General of Police and the report has already been received and a decision will be taken shortly. 3. In such circumstance, the Writ Petition is disposed directing respondents 1 and 2 to take a W.P.(C)30894/2009 2 decision on Ext.P8 representation and pass appropriate order in accordance with law within two months from the date of receipt of a copy of this judgment. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006