IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 28TH MARCH 2011 / 7TH CHAITHRA 1933 WP(C).No. 28811 of 2010(Q) ----------------------------------------- PETITIONER(S): ------------------------ 1. KOTHETHU BHASURAN, S/O. RAGHAVAN, AGED 55, INDEEVARAM, NAVJYOTHI NAGAR-115, KADAPPAKARA P.O., KOLLAM, PIN-691 008. 2. P.S.PRADEEP, S/O. K.SIVADASAN, AGED 43, K.S.LAND, NETTYAM P.O., AMBALAMKUNNU P.O., KOLLAM, PIN-691 537. BY ADVS. SRI.S.SREEKUMAR, SRI.P.MARTIN JOSE, SRI.P.PRIJITH, SMT.HANI P.NAIR. RESPONDENT(S): --------------------------- 1. THE KERALA STATE CASHEW DEVELOPMENT CORPORATION LTD., CASHEW HOUSE, P.B.NO.13, KOLLAM-691 001. 2. K.A.RATHEESH, MANAGING DIRECTOR, THE KERALA STATE CASHEW DEVELOPMENT CORPORATION LTD., CASHEW HOUSE, P.B.NO.13, KOLLAM-691 001. 3. STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY, HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 4. THE DIRECTOR, VIGILANCE AND ANTICORRUPTION BUREAU, THIRUVANANTHAPURAM. 5. THE CENTRAL BUREAU OF INVESTIGATION, THIRUVANANTHAPURAM, REPRESENTED BY THE SUPERINTENDENT OF POLICE. R3 & R4 BY GOVERNMENT PLEADER SRI. K.J.MOHAMMED ANZAR R5 BY ADV. SRI.M.V.S.NAMBOOTHIRY,SC, C.B.I. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/03/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss THOMAS P. JOSEPH, J. -------------------------------------- W.P.(C). No.28811 of 2010 -------------------------------------- Dated this the 28th day of March, 2011. JUDGMENT Petitioners are office bearers of a Union attached to the Cashew Industries Development Corporation (for short, “the Corporation”). It is alleged that in regard to the alleged malpractice, corruption, etc. in the said Corporation petitioner submitted EXts.P6 and P7, complaints to the appropriate authorities requesting to conduct enquiry into the matter and initiate prosecution. Grievance of petitioners is that though the Government had directed respondent No.4 to conduct enquiry into the matter, that enquiry has reached nowhere. Petitioners have no information as to what happened in the matter. Hence this petition seeking a direction to respondent No.3 to direct a vigilance enquiry about the affairs of the Corporation and a direction to respondent No.5 to conduct investigation into the allegations of corruption leveled against respondent No.2. Learned counsel has invited my attention to Exts.P6 and P7, complaints and Ext.P8, answers given on the floor of the Assembly concerning the alleged malpractice/corruption in the Corporation. Learned Public Prosecutor has submitted that based on the report of the Comptroller and Auditor General (CAG) (Ext.P1) the Government have directed the Director of Vigilance to conduct an enquiry into the matter as per letter dated 14.07.2010 and report of enquiry is awaited. I have also been taken to the statement filed on behalf of respondent No.3 where the steps taken in the matter are stated. WP(C) No.28811/2010 2 2. It would appear that the matter is under enquiry by the vigilance obviously to decide whether the matter has to proceed further. Considering the concern and grievance expressed by petitioners, what is required is to direct respondent No.4 to expedite the enquiry and submit report based on such enquiry as early as possible. Resultantly this petition is disposed of directing respondent No.4 to expedite the enquiry ordered by the Government in its letter dated 14.07.2010 and submit report before the appropriate authority as early as possible bearing in mind the gravity of the allegations and the fact that already, sufficient time has elapsed which would only help the culprits if any. THOMAS P.JOSEPH, Judge. cks