Kerala High Court Daya Sindhu Sreehari N.S vs Central Bureau Of Investigation on 18 January, 2021 WP(C).No.14585 OF 2013(S) 1 PRESENT THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR & THE HONOURABLE MR. JUSTICE SHAJI P.CHALY MONDAY, THE 18TH DAY OF JANUARY 2021 / 28TH POUSHA, 1942 WP(C).No.14585 OF 2013(S) PETITIONER/S: DAYA SINDHU SREEHARI N.S. S/O N.S. PRABHU, RESIDING AT GURUKRUPA, EAST OF LIBRARY, A.N PURAM, ALAPPUZHA DISTRICT 688011 BY ADVS. SRI.SREELAL N.WARRIER SMT.ANCY ALEX SMT.NEETHU PREM SRI.B.RAGHUNANDANAN RESPONDENT/S: 1 CENTRAL BUREAU OF INVESTIGATION CBI BUILDINGS, KALOOR, COCHIN 682017, REPRESENTED BY THE SUPERINTENDENT OF POLICE, CENTRAL ZONE 2 INDIAN RARE EARTHS LIMITED ECIL BUILDING, PLOT NO 1207, VER SAVARKAR MARG, PRABHADEVI, MIMBAI 600028, MAHARASHTRA, INDIA,REPRESENTED BY ITS CHAIRMAN 3 COCHIN MINERALS AND RUTILES PVT LTD, INDUSTRIAL DEVELOPMENT AREA, MUPPATHADAM, EDAYAR KOCHI 683110, REPRESENTED BY ITS CHAIRMAN 4 THE KERALA MINERALS METALS LTD. (A GOVERNMENT OF KERLA UNDERTAKING) SANKARAMANGALAM, CHAVARA, KOLLAM, KERALA, INDIA 691583, REPRESENTED BY ITS CHAIRMAN 5 DEPARTMENT OF ATOMIC ENERGY (DAE) HAVING ITS OFFICE AT ANUSHAKTI BHAVAN, C.S.M MARGM, MIMBAIU 400001, MAHARASHTRA, INDIA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT WP(C).No.14585 OF 2013(S) 2 R1 BY SRI. SASTHAMANGALAM S. AJITHKUMAR, SC R2 AND R3 BY SRI. M. GOPIKRISHNAN NAMBIAR R4 BY SRI. K. ANAND (SR.) R5 BY SRI. P. VIJAYAKUMAR, ASG THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.14585 OF 2013(S) 3 JUDGMENT Dated this the 18th day of January, 2021 S. Manikumar, C. J. Petitioner has sought for a mandamus commanding the respondents to report this Court, as to whether any application from the Central Bureau of Investigation (CBI), represented by its Superintendent of Police, Central Zone, Cochin, 1st respondent, has been made to the Department of Atomic Energy (DAE), represented by the Secretary to the Government, Mumbai, the 5 th respondent, for sanction to investigate into the illegality in the process of sale of the Ilmenite by the Indian Rare Earths Limited (IREL), represented by its Chairman, Mumbai, 2nd respondent, and if so, what orders have been issued. 2. Petitioner has also sought for a mandamus directing the CBI, 1st respondent, to conduct a fair investigation into the illegal sale of the Q grade Ilmenite by the IREL, 2 nd respondent, to the Cochin Minerals and Rutiles Pvt. Ltd. (CMRL), represented by its Chairman, Kochi, 3 rd WP(C).No.14585 OF 2013(S) 4 respondent, and the Kerala Minerals & Metals Ltd. (KMML), represented by its Chairman, Kollam, 4th respondent, respectively. 3. Short facts leading to the filing of the writ petition are as hereunder: Petitioner has alleged the arbitrary and corrupt acts by persons in management of IREL, 2nd respondent, a Government of India owned company, and apparently well connected and influential in the matter of distribution of the scarce natural resource like Ilmenite, by private negotiation, to private sector companies, involved in commercial activities, without supplying the same to Government companies, for very important and essential purposes to be fulfilled in the interest of general public, including manufacturing of satellite / space research vehicles, among other. Petitioner has submitted that Ilmenite is a very scarce natural resource, available in limited areas in India, the best quality (Qgrade), being mined in Quilon (Kollam) in Kerala. IREL, the 2 nd respondent, a Government of India undertaking, has the mining facility for the same at Kollam. Ilmenite (Quilon grade), is the best among available for WP(C).No.14585 OF 2013(S) 5 developing Titanium Sponge, a very light weight material, which is essential for the KMML, 4th respondent, a Government of Kerala undertaking, for its Government projects, including that of manufacturing satellites, aircrafts, space research equipments, among