IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 21ST MAY 2008 / 31ST VAISAKHA 1930 WP(C).No. 11622 of 2008(H) -------------------------- CMP.1464/2005 of ENQUIRY COMMR.& SPL.JUDGE,THRISSUR .................... PETITIONER: ------------ S.MURUGAR SELVI W/O. LATE E. SATHEESH KUMAR 144-145 DPF STREET PAPPANAICKENPALAYAM, COIMBATORE-37 TAMIL NADU BY ADV. SRI.CIBI THOMAS RESPONDENTS: ------------- 1. NITHISH SIDHAN,S/O. V.K. SIDDAN VELUMBATH HOUSE, CHENTHRAPPINNI PO, CHAVAKKAD TALUK, TRICHUR DISTRICT 2. T.K. SAJEEVAN,S/O. LATE KRISHNAN THASHNATH HOUSE CHENTHRAPPINNI TRICHUR DISTRICT 3. SMT.RUKMINI,W/O. LATE ESWARA MOORTHY THATTANTHOTTAM, NAMBIAMPALAYAM PO AVANASI VIA, KOVAI, TAMILNADU DISTRICT 4. RAPHEL, CIRCLE INSPECTOR OF EXCISE ATTACHED TO THE OFFICE OF ASSISTANT COMMISSIONER OF EXCISE, AYYANTHOLE COLLECTORATE, THRISSUR-3 5. SEBASTIN GEORGE, ASST. COMMMISSIONER OF EXCISE, COLLECTORATE, AYYANTYHOLE, THRISSUR 6. SRI. SAYAN CHETTERJEE IAS FORMER EXCISE COMMISSIONER COMMISSINERATE OF EXCISE THIRUVANANTHAPURAM 7. MR. BALAKRISHNAN, PRESENT EXCISE COMMISSIONER COMMISSIONERATE OF EXCISE THIRUVANANTHAPURAM WP(C).No. 11622 of 2008(H) - 2 - 8. DEPUTY SUPERINTENDENT OF POLICE VIGILANCE AND ANTI CORRUPTION BUREAU TRICHUR UNIT. 9. OMANA ASOKAN, W/O. V.K. ASOKAN SREELAKSHMI, BENNNECT ROAD CHEMBUKKAVU, TRICHUR. 10. V.K.ASOKAN, RESIDING DO 11. ADDITIONAL DIRECTOR, VIGILANCE AND ANTI CORRUPTION BUREAU, THIRUVANANTHAPURAM 12. DIRECTOR,VIGILANCE AND ANTI CORRUPTION BUREAU, THIRUVANANTHAPURAM 13. THE SECRETARY, DEPARTMENT OF HOME AFFAIRS, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM 14. COMMISSIONER OF EXCISE, STATE OF KERALA THIRUVANANTHAPURAM BY GOVERNMENT PLEADER SRI.P.N.SUKUMARAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT, J ------------------------------------ W.P(C).No.11622 of 2008 ------------------------------------- Dated this the 21st day of May, 2008 JUDGMENT The petitioner had filed a complaint-Ext.P1 before the Enquiry Commissioner and Special Judge, Vigilance and Anti Corruption Trichur. That complaint was forwarded to the vigilance police for enquiry and report. They conducted the enquiry. But according to the petitioner, no proper investigation was conducted. Accordingly, the petitioner came to this Court with a Writ Petition - W.P(C) No.22857 of 2007. When that petition came up for hearing finally on 18.12.07, it was reported that the investigation is complete and a negative final report has already been filed by the Investigating Officer before the Enquiry Commissioner and Special Judge, Trichur. The said Writ Petition was hence disposed of by Ext.P4 order observing that the petitioner shall be at liberty to appear before the learned Special Judge and raise all his objections against the final report submitted by the investigator. 2. The petitioner has again come to this Court now with the grievance that the Investigating Officer is not placing the case diary file before the Special Judge. This petition was filed as early as on 03.04.08. Today when the matter came up for hearing, it is W.P(C).No.11622 of 2008 2 submitted that the case diary has already been placed before the learned Special Judge. The learned Special Judge is seized of the matter. 3. According to me, no further directions are now necessary. It is for the learned Special Judge now after hearing the petitioner/defacto complainant and the police to consider whether any further directions deserve to be issued. Needless to say, the learned Special Judge must peruse the final report and the case diary and consider all objections raised by the petitioner before finally disposing of such objections raised by the petitioner. 4. This Writ Petition is dismissed with the above observations. I may however hasten to observe that I expect the learned Special Judge to dispose of the matter, as expeditiously as possible - at any rate, within a period of 4 months from the date on which a copy of this Judgment is placed before the learned Special Judge. 5. Hand over a copy of this Judgment to the learned counsel for the petitioner for production before the learned Special Judge. (R.BASANT, JUDGE) rtr/- W.P(C).No.11622 of 2008 3