IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH WEDNESDAY, THE 24TH SEPTEMBER 2008 / 2ND ASWINA 1930 WP(C).No. 3120 of 2006(U) ------------------------------------ PETITIONER: ------------------- MATHEW ABRAHAM, S/O.MATHAI, PALLATTU HOUSE, P.O.KILIANTHARA, KANNUR DISTRICT. BY ADV. SRI.SUNNY MATHEW RESPONDENTS: ----------------------- 1. THE STATION ADJUTANT, FOR AIR OFFICER, COMMANDING, AIR FORCE STTATION, YELAHANKA, BANGALORE. 2. THE AIR OFFICER, CCOMMANDING, AIR FORCE RECORD OFFICE, NEW DELHI. 3. THE SECRETARY, MINISTRY OF DEFENCE, NEW DELHI. 4. THE SUPERINTENDENT, CENTRAL BUREAU OF INVESTIGATION, CHENNAI UNIT, CHENNAI. 5. THE UNION OF INDIA, REPRESENTED BY THE PRINCIPAL SECRETARY, CENTRAL SECRETARIAT, NEW DELHI. SRI.JOHN VARGHESE, ASSISTANT SG FOR R1 TO 3,5 SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR SRI.M.V.S.NAMBOOTHIRY,SC, C.B.I. FOR R4 BY GOVERNMENT PLEADER SRI.NOBLE MATHEW THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.3120/2006 APPENDIX PETITIONERS EXHIBITS EXT.P1:- COPY OF THE REPRESENTATION MADE BY THE PETITIONER BEFORE THE CHIEF MINISTER OF KERALA DT. 7.2.03. EXT.P2:- COPY OF THE REPRESENTATION MADE BY THE PETITIONER DT. 12.2.03 BFORE THE DEFENCE MINISTER, D.G.P., KERALA AND SRI.O.RAJAGOPAL, THE THEN CABINET MINISTER, UNION OF INDIA. EXT.P3:- COPY OF THE REPRESENTATION MADE BY THE PETITIONER'S WIFE TO THE 2ND RESPONDENT. EXT.P4;- COPY OF THE LETTER DT. 16.10.03 ISSUED BY THE DEPUTY SECRETARY TO THE GOVERNMENT OF INDIA MINISTRY OF DEFENCE. EXT.P5:- COPY OF THE LETTER DT. 6.3.03 ISSUED BY THE IST RESPONDENT TO THE PETITIONER. /TRUE COPY/ P.A. TO JUDGE tss KURIAN JOSEPH, J. --------------------------------------- W.P.(C) No.3120 OF 2006 --------------------------------------- Dated this the 24th day of September, 2008. J U D G M E N T This writ petition is filed with the following prayer: i) To issue a writ of mandamus or any other appropriate writ, order or direction commanding the 4th respondent to take up the investigation regarding the disappearance of Corporal Justin P.A., Air Force Station, Yelahanka, Bangalore. This is a case where the elder son of the petitioner, a Corporal under the Air Force, is missing ever since 23.11.2002 on his travel from Bangalore to Delhi. Now it is around six years. Since investigation has to be conducted in various States, it is only appropriate that the fourth respondent takes up the investigation. 2. Accordingly, there will be a direction to the fourth respondent to take up the investigation regarding the missing of Corporal Justin P.A. as referred to in the writ petition within a period of two months from the date of production of a copy of this judgment along with copy of the writ petition by the petitioner. This writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. smp KURIAN JOSEPH, J. W.P.(C) No. 3120 OF 2006 J U D G M E N T 24.09.2008