IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT:- THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE A.K.BASHEER FRIDAY, THE 18TH JULY 2008 / 27TH ASHADHA 1930 W.P.(C).No. 6006 of 2008(S) ---------------------------------------------- PETITIONER:- ------------------ ISSAC VARGHESE, S/O.VARGHESE THANIKAL HOUSE, KANJIKODE, PALAKKAD DISTRICT. BY ADV. SRI.M.R.VENUGOPAL SMT.DHANYA P.ASHOKAN RESPONDENTS:- ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY, DEPARTMENT OF HOME AND VILLAGE, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR, VIGILANCE AND ANTI CORRUPTION BUREAU. 3. THE MALABAR CEMENTS LTD., WALAYAR, PALAKKAD DISTRICT, REPRESENTED BY ITS MANAGING DIRECTOR. R1& R2 BY SENIOR GOVERNMENT PLEADER SRI.M.P.SREEKRISHNAN. R3 BY ADV. SRI.B.S.KRISHNAN(SR.) SRI.K.ANAND SMT.LATHA KRISHNAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:- H.L.Dattu, C.J. & A.K.Basheer, J. --------------------------------------------------------------- W.P.(C).No.6006 of 2008-S & I.A.No.3087 of 2008 ---------------------------------------------------------------- Dated, this the 18th day of July, 2008 JUDGMENT H.L.Dattu,C.J. Sri.C.C.Thomas, learned Senior Counsel appearing for the applicant seeks leave of this Court to withdraw the application, I.A.No.3087 of 2008. Permission sought for is granted and the application is disposed of as withdrawn. 2. We have heard learned counsel appearing for the petitioner. 3. The petitioner claims that he is a public spirited citizen and also a tax payer. In this petition filed, in the style of “public interest litigation”, petitioner seeks the following relief. It is as under: “(i) issue a writ of mandamus or any other appropriate writ, or order directing the respondents to conduct the vigilance investigation within a prescribed period fixed for the purpose, to the various irregularities and improper actions found out in the audit report and also about the other aspects of the working in the Malabar Cements Limited and initiate proper and legal action on the findings in the report”. 4. The grievance of the petitioner in the writ petition is that there are serious corruption and financial mismanagement going on in the respondent- Malabar Cements Limited. It is asserted that the ongoing enquiry would be futile unless a time bound investigation is conducted. 5. In our view, these are not the matters wherein this Court would step in and direct the investigating agency to complete the enquiry within a particular time frame. These matters should be left to the authority which has ordered investigation. If there is enormous delay for unexplained reasons and if it Wp(c).No.6006 of 2008-S - 2 - is affecting the interest of the citizens of the State, then only this Court is expected to exercise its extraordinary jurisdiction to serve the public cause. 6. In our opinion, there is already an order passed by this Court directing an enquiry to be held into the alleged irregularities and improper actions found in the audit report of the Malabar Cements Limited, which is a Public Limited Company, and it would satisfy the interest of all the public. Further, this Court cannot direct to complete an investigation within a particular time without knowing the stage of the proceedings which are pending before the respondents. Even otherwise also, in matters of this nature, the respondents would require a sufficient and more time for completing the investigation and this Court cannot and should not direct the respondents to hurry up with the enquiry and submit a report before the appropriate authority. 7. In the above view of the matter, we do not find any reason to entertain this writ petition. Therefore, the writ petition requires to be rejected and it is rejected. Ordered accordingly. H.L.Dattu Chief Justice A.K.Basheer Judge vku/-