Kerala High Court
Sajimon Salim vs State Of Kerala on 24 July, 2014
Author: K.Ramakrishnan
Bench: K.Ramakrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN
THURSDAY, THE 24TH DAY OF JULY 2014/2ND SRAVANA, 1936
OP(Crl.).No. 137 of 2014 (Q)
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MP.NO.301/2014 OF ENQUIRY COMMISSIONER & SPECIAL JUDGE (VIGILANCE),
KOTTAYAM
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PETITIONER :
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SAJIMON SALIM, S/O. K.A. SALIM,AGED 33 YEARS,
KINATTINKARAYIL HOUSE, KUMILY POST,
IDUKKI DISTRICT-685 509.
BY ADVS.SMT.DAISY A.PHILIPOSE
SRI.JAI GEORGE
RESPONDENT(S):
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1. STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM.PIN-682 031
2. SANJAYAN KUMAR,
DEPUTY DIRECTOR(PROJECT TIGER)
OFFICE OF THE DEPUTY DIRECTOR (PROJECT TIGER)
PERIYAR EAST DIVISION,
PERIYAR TIGER RESERVE, THEKKADY,
IDUKKI DISTRICT.PIN-685 536
3. MANOJ SATHYAN,
RANGE OFFICER, THEKKADY RANGE, IDUKKI-685 536.
4. MUHAMMAD YUSAF KUNJU,MINISTERIAL STAFF,
OFFICE OF THE DEPUTY DIRECTOR(PROJECT TIGER)
PERIYAR EAST DIVISION,
PERIYAR TIGER RESERVE, IDUKKI DISTRICT-685 603
5. P.M. YUNUS @ MUHAMMAD YUNUS KUNJU,
S/O. V.P. MUHAMAD, PUTHANPURAYIL HOUSE,
KARUMALOOR VILLAGE, UCC POST, ALUVA,
ERNAKULAM-683 102.
6. VIMAL KUMAR, OPERATION MANAGER, ASPROS
TECHNOLOGIES PVT. LTD., KARSHAKA BHAVAN BUILDING,
6/40, BYPASS JUNCTION,ALUVA, ERNAKULAM-683 102
R1 BY PUBLIC PROSECUTOR SMT. P.MAYA
THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION
ON 24-07-2014, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
sts
OP(Crl.).No. 137 of 2014 (Q)
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APPENDIX
PETITIONER(S)' EXHIBITS
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P1. TRUE COPY OF THE COMPLAINT IN M.P.NO. 301 OF 2014 PENDING ON THE
FILES OF HONOURABLE ENQUIRY COMMISSIONER AND SPECIAL JUDGE,
VIGILANCE, KOTTAYAM.
RESPONDENT(S)' EXHIBITS: NIL
/TRUE COPY/
P.A.TO.JUDGE
sts
K. Ramakrishnan, J.
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O.P.(Criminal).No.137 of 2014
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Dated this, the 24th day of July, 2014.
J U D G M E N T
This is an application filed by the petitioner for issue direction to the Enquiry Commissioner and Special Judge (Vigilance) Kottayam seeking early disposal of the case pending before that court under Article 227 of Constitution of India.
2. It is alleged in the petition that petitioner filed Crl.M.P.No.301/14 before the Enquiry Commissioner and Special Judge (Vigilance) Kottayam alleging some irregularities and misuse of official powers by the respondents 2 to 6 and after getting instructions, it was posted for hearing to 21.04.2014 and on that day, it was heard and posted for orders on 31.05.2014 and 25.06.2014 and now it is posted to 29.07.2014 for orders. In spite of repeated postings, the Special Judge has not passed any orders till date on the complaint filed by the petitioner. So, the petitioner has no other remedy except to approach this court seeking the following relief:
O.P.(Criminal).No.137 of 2014 : 2 :
"To direct the Enquiry Commissioner and Vigilance Judge, Kottayam to pass orders in M.P.No.301 of 2014 expeditiously, in the interest of justice."
3. Considering the nature of relief claimed in the petition, this court felt that the petition can be disposed of at the admission stage itself after hearing the Counsel for the petitioner and the learned Public Prosecutor appearing for the first respondent dispensing with notice to respondents 2 to 6 and after getting a report from the Presiding Officer of Special Court, Kottayam. Accordingly, a report has been called for and the learned Presiding Officer had sent a report which reads as follows:
"With reference to the above, I may state that the complaint filed against the respondents was originally posted for orders to 31.05.2014 after hearing the petitioner and perusing the documents procured. The case was adjourned from 31.05.2014 by Notification to 25.06.2014, and then to 29.07.2014 as no sitting was there on those days. I may state that the petition will be disposed of before 30.08.2014 as pressure of work is there."
4. In view of the report submitted by the Enquiry Commissioner and Special Judge (Vigilance) Kottayam, this court feels that there is no further direction need be given as it O.P.(Criminal).No.137 of 2014 : 3 : is mentioned in the report that the petition will be disposed of before 30.08.2014. The report of the learned Special Judge is recorded and the petition is disposed of accordingly.
Office is directed to communicate this order to the concerned court immediately.
Sd/-
K.Ramakrishnan, Judge.
Bb [True Copy] PA to Judge