IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 28TH JUNE 2010 / 7TH ASHADHA 1932 Crl.MC.No. 2285 of 2010() ------------------------- CRMP.230/2007 of ENQUIRY COMMR. & SPL. JUDGE, TRIVANDRUM .................... PETITIONER: PETITIONER/COMPLAINANT ------------------------------------- JOBIN P.S., S.P.VIHAR, VENKULAM EDAVA, CHIRAYINKIL TALUK. BY ADV. SRI.M.BALAGOVINDAN RESPONDENTS: COUNTER PETITIONER AND STATE ------------------------------------------- 1. STATE OF KERALA REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. BIJU K.R., CHAIRMAN, VARKALA MUNICIPALITY, VARKALA. 3. RAVEENDRAN, AGRICULTURAL OFFICER (RETIRED), KRISHI BHAVAN, KRISHNALAYAM, VALIYAKUNNU, KEEZHUVALAM P.O., ATTINGAL. 4. MEENA KUMARI, MUNICIPAL SECRETARY, VARKALA MUNICIPALITY, VARKALA. 5. V.BELRAM, MEMBER, WARD NO:X, VARKALA MUNICIPALITY, VARKALA. PUBLIC PROSECUTOR SRI.C.S.HRITHIK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ------------------------------------- Crl.M.C.No.2285 of 2010 ---------------------------------------- Dated this the 28th day of June, 2010 ORDER Petitioner who claims himself to be an Advocate and Social Activist fighting against corruption in the society seeks a direction to the Enquiry Commissioner and Special Judge, Thiruvananthapuram to dispose of I.A.No.502/2010 in Crl.M.P.No.230/2007 fixing a time frame for implementation of Annexure-C order. As per a complaint filed as Crl.M.P.No.230/2007 before the Special Judge the petitioner had sought for an Enquiry into the grant of compensation to farmers for cutting and removing disease afflicted coconut trees and supplying coconut saplings during the year 2005- 2006 in the Ward X of Varkala Municipality area. The Special Judge issued Annexure-A order directing the Dy.S.P., VACB, Southern Range, Thiruvananthapuram to register an F.I.R. if enquiry into the complaint warranted such action. Accordingly Annexure-B report dated 3/11/2008 was filed by the Dy.S.P. Vigilance to the effect that except for certain procedural irregularities warranting departmental action, there was no criminal offence revealed for prosecution. As Crl.M.C.No.2285/2010 : 2 : per Annexure-C order dated 16/3/2009 the learned Special Judge after hearing both sides did not accept the said report and has ordered a further detailed enquiry in the matter. The petitioner thereafter moved Annexure-D application dated 24/3/2010 for a direction to expedite the investigation in the matter. The grievance of the petitioner is that no orders have been passed on Annexure-D application. Hence this Criminal M.C. 2. It was the Special Court which wanted a detailed further enquiry in the matter. The detailed enquiry will necessary entail delay. This is not a solitary case which is under enquiry before the particular vigilance range. Hence it may not be advisable to fix any time limit for the conclusion of the enquiry. However, having regard to the fact that the Special Judge expects a detailed report by the Dy.S.P., enquiry in the matter shall be expedited and a report shall be filed at the earliest before the Special Court. This Criminal M.C. is disposed of as above. V.RAMKUMAR, JUDGE skj