IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 12TH OCTOBER 2010 / 20TH ASWINA 1932 WP(C).No. 33521 of 2009 (Q) ------------------------------- PETITIONER: ------------------- K.BHARATHAN, KILIYANKANDY HOUSE, FEROKE P.O., KOZHIKODE-673 631. BY ADV.S SRI.P.J.MATHEW SRI.THOMAS JOHN AMBOOKAN SRI.K.B.ARUNKUMAR RESPONDENTS: ------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM. 2. THE PRINCIPAL SECRETARY, DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM. 3. SECRETARY TO GOVERNMENT, HOME DEPARTMENT,GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER, SRI.P.A.SALIM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VK M.SASIDHARAN NAMBIAR,J. --------------------------------------------- W.P.C.NO.33521 OF 2009 --------------------------------------------- Dated 12th October, 2010 JUDGMENT Petitioner, the Secretary of Feroke Government Ganapath High School Bhoosamrakshanasamathi filed this petition under Article 226 of Constitution of India for a writ of mandamus commanding respondents to constitute a special police team to investigate into the forgery and fabrication of false evidence in order to fraudulently acquire 48 cents of Government land by a land mafia colluding with Government officers. 2. A statement has been filed by the Secretary to Government, General Education Department stating that the disputed land was surrendered to the Wpc 33521/09 2 Government for conducting Ganapath High School, Feroke by Malabar Education Society in 1957 and by Ext.P8 order, Additional Government Secretary had reported that most of the documents relied on earlier by the Education Department were forged and due diligence was not taken by the officers of the department and pursuant to Ext.P8, opinion of the Advocate General was sought for and obtained and based on the advice, directions were issued to District Collector, Kozhikode for demarcating the properties and identify the same and subsequent to such direction Ext.P6 order of the Appellate Authority (Land Reforms), Kannur cancelling the purchase certificate issued in favour of Santhakumariamma was passed. Government did not take any further action on Ext.P8 report and detailed enquiry conducted Wpc 33521/09 3 by the Additional Secretary had not found any particular person who was responsible for the misconduct and it was not feasible to make such enquiry and in W.P.C.15253/2006 Division Bench has directed Santhakumariamma to approach Civil Court to fix the boundary of the disputed property. But she or her predecessors did not approach the Court and the Government examined the enquiry report and further action is being taken on the recommendations suggested and Government has no objection in conducting an enquiry by special police team, if the High Court so directs and department will take appropriate measures to protect the property of the Government Ganapath High School, which is under exclusive possession of the school and Education Department. 2. Learned counsel appearing for the Wpc 33521/09 4 petitioner and learned Government Pleader were heard. 3. If Government has to take further action on Ext.P8 and Government feels an investigation with regard to the forgery of records as stated in Ext.P8 is warranted, nothing prevents the Government from registering the case and proceeding in accordance with law. But question is whether petitioner is entitled to get a direction from this Court when no crime has been registered so far. As held by the Apex Court in Sakiri Vasu v. State of U.P (2008 (1) KLT 724), if a cognizable offence was committed, it is upto the petitioner to approach the concerned police. If the information is furnished, regarding commission of a cognizable offence and no case is registered, which the police is Wpc 33521/09 5 bound to do, petitioner is entitled to approach either Superior officer or the concerned Magistrate under Section 156(3) of Code of Criminal Procedure. If on the directions of the learned Magistrate crime is registered and it is not being investigated properly, petitioner is at liberty to approach this Court. With liberty to seek appropriate remedy, petition is disposed. M.SASIDHARAN NAMBIAR, JUDGE. uj.