IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 8TH JANUARY 2009 / 18TH POUSHA 1930 WP(C).No. 18600 of 2007(S) ---------------------------------------- PETITIONER(S): ----------------------- P.A. ABDUL LATHEEF, S/O.P.K.ABDUL KHADER, AGED 35, PATTAYAMCHERY, RAILWAY STATION ROAD, EDAPPALLY, COCHIN-24. BY ADV. SRI.S.MOHAMMED AL RAFI RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY,INDUSTRIES DEPARTMENT, THIRUVANANTHAPURAM. 2. TRAVANCORE TITANIUM LTD., REPRESENTED BY ITS MANAGING DIRECTOR, KOCHUVELI, THIRUVANANTHAPURAM. 3. DIRECTOR, VIGILANCE & ANTI CORRUPTION BUREAU, THIRUVANANTHAPURAM. 4. CENTRAL BUREAU OF INVESTIGATION, REPRESENTED BY ITS SUPERINTENDENT OF POLICE,ERNAKULAM. 5. PRINCIPAL HOME SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 6. UMMEN CHANDY, LEADER OF OPPOSITION, CANTONMENT HOUSE, THIRUVANANTHAPURAM. Kss ..2/- ...2..... WPC.NO.18600/2007 S 7. K.K.RAMACHANDRAN MASTER, FORMER MINISTER, KANAMPALLY P.O., WYNAD. 8. SUJANAPAL (FORMER MINISTER), KUTHIRAVATTOM P.O., KOZHIKODE. 9. EAPEN JOSEPH, FORMER MANAGING DIRECTOR, TRAVANCORE TITANIUM LTD. TC.6/1391, BABY JOHN COLONY, PTP NAGAR,TRIVANDRUM. 10. G. RAJ MOHAN, CHAIRMAN, POLLUTION CONTROL BOARD, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SMT. K.MEERA FOR R1,R3 & R5 ADV. SRI.B.S.KRISHNAN (SR.) FOR R2 SRI.K.ANAND (A.201) FOR R2 SMT.LATHA KRISHNAN FOR R2 SRI.M.V.S.NAMBOODIRI, SC, CBI FOR R4 SRI.M.K.CHANDRA MOHANDAS,SC,POLL.C.BOARD FOR R10 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.18600/2007 S APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ORDER DTD. 8/11/2006 IN CRL.M.P.NO.845/2006 ON THE FILE OF THE COURT OF THE ENQUIRY COMMISSIONER AND SPECIAL JUDGE, THIRUVANANTHAPURAM. EXT.P2: COPY OF THE ORDER VIDE NO.27/2007 DTD. 23/07/2007 ISSUED BY THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS: EXT.R2(A): COPY OF GOVERNMENT ORDER G.O.(RT) NO.1237/2000/ID DTD. 25/11/2000. EXT.R2(B): COPY OF GOVERNMENT ORDER G.O.(MS) NO.15/2001/D DTD. 20/01/2001. EXT.R2(C): COPY OF THE CREDENTIALS OF M/S.MECON IN THE FILED OF TATANIUM. EXT.R2(D): COPY OF REPORT DTD. 17/11/2004 SUBMITTED BY MECON ON TSL. EXT.R2(E): COPY OF THE REPORT DTD. 24/06/2005 SUBMITTED BY M/S. MECON ON TSL. EXT.R2(F): COPY OF THE MINUTES OF THE MEETING OF THE BOARD OF DIRECTORS DTD. 28/06/2005. EXT.R2(G): COPY OF THE REPORT DTD. 1/10/2005 OF LAEC. EXT.R2(H): COPY OF THE VISIT REPORT DTD. 31/03/2006 OF THE SUB-COMMITTEE OF SCMC. EXT.R2(I): COPY OF THE LETTER DTD. 8/09/2006 ISSUED BY THE GOVERNMENT OF INDIA MINISTRY OF ENVIRONMENT & FOREST (IA DIVISION). EXT.R2(J): COPY OF THE GOVERNMENT ORDER DTD. 19/05/2005 ISSUED BY GOVERNMENT OF KERALA. EXT.R2(K): COPY OF COMMUNICATION DTD. 7/12/06 FROM OFFICE OF THE SUPDT. OF POLICE. Kss ..2/- ....2.... WPC.NO.18600/2007 S EXT.R10(A): COPY OF THE G.O.(RT) NO.4019/97/H&FWD DTD.11/11/1997. EXT.R10(B): COPY OF THE LETTER NO.43398/G3/2000/H&FWD DTD. 23/10/2000. EXT.R10(C): COPY OF THE G.O.(RT) NO.3852/2000/H&FWD DTD. 10/11/2000. EXT.R10(D): COPY OF THE G.O.(MS) NO.15/2001/ID DTD. 20/01/2001. EXT.R10(E): COPY OF THE LETTER DTD. 25/03/03. EXT.R10(F): COPY OF THE LETTER NO.PCB/T4/118/75 DTD.01/08/2005. EXT.R10(G): COPY OF THE LETTER NO.PCB/T4/118/75 DTD. 22/09/2005. EXT.R10(H): COPY OF THE LETTER NO.MD/KSPCB/CONSENT/62/05 DTD. 28/09/2005. EXT.R10(I): COPY OF THE SHOW CAUSE NOTICE DTD. 17/01/06. EXT.R10(J): COPY OF THE LETTER DTD. 23/02/06. EXT.R10(K): COPY OF THE RELEVANT PORTION OF THE SCMC REPORT. EXT.R10(L): COPY OF THE LETTER NO.MD/KSPCB/PCB/49/2006 DTD. 28/04/2006. EXT.R10(M): COPY OF THE G.O.(RT) NO.1036/2006/ID DTD. 23/09/2006. EXT.R10(N): COPY OF THE MINUTES OF THE MEETINGS OF THE HIGH POWER COMMITTEE HELD ON 27/11/2006. EXT.R10(O): COPY OF THE MINUTES OF THE MEETINGS OF THE HIGH POWER COMMITTEE HELD ON 06/02/2007. EXT.R10(P): COPY OF THE ORDER TD. 10/04/2007 IN O.P.NO.10038/2003. EXT.R10(Q): COPY OF THE LETTER NO.PCB/T4/118/75 DTD. 09/05/2007. EXT.R10(R): COPY OF THE LETTER NO.TTPL/KSPCB/335/2007 DTD. 02/07/2007. /TRUE COPY/ P.A.TO JUDGE Kss J.B.KOSHY, Ag.C.J. & P.R.RAMACHANDRA MENON, J. -------------------------------------- W.P(C)No.18600 of 2007 ------------------------------------- Dated 8th January, 2009 JUDGMENT Koshy, Ag.C.J . This writ petition is filed as a Public Interest Litigation by the petitioner who claims that he is a socio-political worker. According to him, wide corruption was there in awarding the work of Acid Recovery Plant and Copperas Recovery Plant to M/s.Chemattur Ecoplanning, Finland by the second respondent. The petitioner wants a direction to the Central Bureau of Investigation (CBI) to conduct investigation in the matter. He also alleges involvement of M/s.MECON Ltd., Ranchi, a Government of India undertaking, in the corruption. In the counter affidavit it is stated that vigilance enquiry is already instituted regarding the matter. In the above circumstances, we are of the view that CBI cannot be directed to conduct investigation in all such matters on the basis of claims by social workers as CBI has to investigate many other important cases. We see no ground to give a direction to the CBI as against the vigilance enquiry conducted by the State Government. The writ petition is dismissed. J.B.KOSHY ACTING CHIEF JUSTICE P.R.RAMACHANDRA MENON JUDGE tks