IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 11225 of 2007(S)
1. PRAKASH C.VADAKKAN,
... Petitioner
Vs
1. STATE OF KERALA REPRESENTED BY
... Respondent
2. THE CHIEF MINISTER OF KERALA,
3. SHRI.V.S.ACHUTHANANDAN,
4. RAJIV GANDHI CENTRE FOR BIOTECHNOLOGY,
5. CENTRAL BUREAU OF INVESTIGATION,
6. CENTRAL BUREAU OF INVESTIGATION,
For Petitioner :SRI.SHAJI P.CHALY
For Respondent : No Appearance
The Hon'ble the Acting Chief Justice MR.K.S.RADHAKRISHNAN
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :30/03/2007
O R D E R
K.S. RADHAKRISHNAN, Ag. C.J. & M.N.KRISHNAN, J.
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WP(C). No. 11225 of 2007
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Dated this the 30th day of March, 2007
J U D G M E N T
Radhakrishnan, Ag. C.J.
This public interest litigation is preferred seeking a declaration that
the 3rd respondent has violated his oath of office as Minister of the State
and he is not entitled to continue in office. A writ of quo warranto directing
the third respondent to step down from the office of the Chief Minister was
also sought for. A direction was also sought for to the first respondent to
conduct a judicial enquiry into the incidents leading to fabrication of Ext.P3
document by a sitting Judge of this Court and also for other consequential
reliefs. We are of the view, this is an ill-conceived writ petition only for
publicity. Petitioner has produced various documents. Petitioner has stated
that though the third respondent has approved the draft of Ext.P3 and put
his signature on 17-6-2006, later the same was erased and paragraphs 2
and 3 were added and the third respondent signed the same on 19-6-2007.
Learned Government Pleader made available to us the original file which
would indicate that third respondent has approved and put his signature on
17-6-2006 and the same paragraphs 2 and 3 were added and the third
WP(C). 11225 of 2007.
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respondent has signed on 10-1-2007. We are not prepared to say that
there is any interpellation or dishonest intention on the part of the third
respondent much less any abuse of process of law. Writ petition lacks
merits and the same is dismissed.
K.S. RADHAKRISHNAN,
(Ag. Chief Justice)
M.N.KRISHNAN, JUDGE
ksv/