IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 18TH MAY 2010 / 28TH VAISAKHA 1932 WP(C).No. 15047 of 2010(E) -------------------------- PETITIONER(S): --------------- 1. A.N.SIVASUBRAMANIAN, MELSANTHI, SREE MANGOTTUKAVU BHAGAVATHI DEVASWOM, ATHIPOTTA, ALATHUR TALUK, PALAKKAD DISTRICT, RESIDING AT ATHIPOTTA GRAMOM, ATHIPOTTA P.O., ALATHUR, PALAKKAD, PIN-678 544. 2. P.M.VASUDEVAN, SUPERINTENDENT, SREE MANGOTTUKAVU BHAGAVATHI DEVASWOM, ATHIPOTTA, ALATHUR TALUK, PALAKKAD DISTRICT. BY ADV. SRI.S.P.ARAVINDAKSHAN PILLAY RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, REVENUE (DEVASWOMS) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001. 2. SECRETARY TO GOVERNMENT, HOME AND VIGILANCE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001. 3. DIRECTOR OF VIGILANCE AND ANTI-CORRUPTION BUREAU, THIRUVANANTHAPURAM. 4. DEPUTY SUPERINTENDENT OF POLICE, VIGILANCE AND ANTI CORRUPTION BUREAU, PALAKKAD. 5. MALABAR DEVASWOM BOARD, HOUSEFED COMPLEX, ERANJIPPALAM, KOZHIKODE, REPRESENTED BY ITS COMMISSIONER. WPC NO.15047/2010 6. THE COMMISSIONER, MALABAR DEVASWOM BOARD, HOUSEFED COMPLEX, ERANJIPPALAM, KOZHIKODE. 7. SREE MANGOTTUKAVU BHAGAVATHI DEVASWOM, ATHIPOTTA, ALATHUR TALUK, PALAKKAD DISTRICT, PIN-678 544, REPRESENTED BY ITS EXECUTIVE OFFICER. 8. THE EXECUTIVE OFFICER, SREE MANGOTTUKAVU BHAGAVATHI DEVASWOM, ATHIPOTTA, ALATHUR TALUK, PALAKKAD DISTRICT, PIN-678 544. 9. PARAMESWARAN NAMBOODIRI, FIT PERSON, SREE MANGOTTUKAVU BHAGAVATHI DEVASWOM, ATHIPOTTA, ALATHUR TALUK, PALAKKAD DISTRICT, PIN-678 544. ADV. SRI.K.MOHANAKANNAN,SC,MALABAR DEVASWOM FOR R5,6 MR.ARAVIND KUMAR BABU, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.15047 of 2010 (E) --------------------------------- Dated, this the 18th day of May, 2010 J U D G M E N T Challenge in the writ petition is against Ext.P5, an order issued by the 1st respondent directing intealia to file vigilance case against the suspected officers mentioned therein including the petitioners. 2. The 1st petitioner submits that he is the Melsanthi and the 2nd petitioner is the Superintendent of Sree Mangottukavu Bhagavathi Devaswom under the 5th respondent, the Malabar Devaswom Board. The ground on which Ext.P5 is challenged is that the petitioners do not come within the definition of 'public servant' as defined under Section 2C of the Prevention of Corruption Act. In my view, this is not a contention which can be urged in a writ proceedings. First of all, the question as to whether the petitioners will come under any of the categories enumerated under Section 2C of the Prevention of Corruption Act defining 'public servant' is not purely a question of law and even if there is substance in the contention raised, this is a matter, which has to be WP(C) No.15047/2010 -2- urged by the petitioners as a defence before the trial Court concerned. Therefore, at this stage, I am not persuaded to interfere with Ext.P5 on the aforesaid contention. The writ petition fails and is accordingly dismissed. (ANTONY DOMINIC, JUDGE) jg