Sidharthan Choondal vs Union Of India
2021 Latest Caselaw 3311 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

          THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR

                                  &

               THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

      FRIDAY, THE 29TH DAY OF JANUARY 2021 / 9TH MAGHA, 1942

                      WP(C).No.23334 OF 2017(S)


PETITIONER:

               SIDHARTHAN CHOONDAL
               PRESIDENT, S/O. GOPALAN, AGED 75,
               PRESIDENT, CONSUMER PROTECTION CENTRE,
               REG.NO.193/93 [MEMBER COERS], 19/234[1],
               SASTHA NAGAR WEST, YAKKARA PALAKKAD -678 001.


               BY ADV. SRI.R.ANILKUMAR


RESPONDENTS:


      1        UNION OF INDIA
               MINISTRY OF PETROLEUM AND NATURAL GAS,
               CENTRAL SECRETARIAT, SASTRI NAGAR,
               REPRESENTED BY SECRETARY NEW DELHI - 110 001.

      2        INDIAN OIL CORPORATION LTD
               HEAD OFFICE, INDIAN OIL BHAVAN,
               REPRESENTED BY DEPUTY GENERAL MANAGER, [LPG ENGG],
               G9 JUNG MARG, BANDRA [E], MUMBAI 400 051.

      3        SUPERINTENDENT OF CBI,
               CBI OFFICE, KOCHI, KATHRUKADAVU P.O,
               ERNAKULAM - 682 017.

      4        THOMAS GEORGE CHERAYIL,
               SENIOR PLANT MANAGER, LPG BOTTLING PLANT,
               QUILON - PIN 691 574.
 W.P.(C)No.23334 of 2017
                                2


       5       MS. G.R. ENGINEERING PRIVATE LIMITED
               POONAM CHAMBERS, 2ND FLOOR, DR.ANNIE BESANT
               ROAD, WORLI, MUMBAI -400 018.

               SRI. P.VIJAYAKUMAR, ASG OF INDIA FOR R1
               ADV.SRI.M.GOPIKRISHNAN NAMBIAR FOR R2
               SRI. SASTHAMANGALAM S AJITHKUMAR SC FOR R3
               R1 BY SMT.PREMLATHA K. NAIR, CGC
               R2 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR
               R2 BY ADV. SRI.K.JOHN MATHAI
               R2 BY ADV. SRI.JOSON MANAVALAN
               R2 BY ADV. SRI.KURYAN THOMAS
               R2 BY ADV. SRI.PAULOSE C. ABRAHAM
               R3 BY ADV. SRI.P.CHANDRASEKHARA PILLAI, C.B.I.


     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 29-01-2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P.(C)No.23334 of 2017
                                       3


                                 JUDGMENT

Dated this the 29th day of January, 2021

S.Manikumar, C.J.

The petitioner has sought for the following prayers:

"(a) to issue a writ of mandamus or other appropriate writ, direction or order commanding the third respondent CBI to conduct a detailed investigation into the execution of work of contract LPG/Eng./PT 260/10/GR ENGG dated 21.01.2011 executed between 2nd respondent and fifth respondent and find out the deviation from the agreement terms and after finding out the deviation, loss caused to the 2 nd respondent initiate appropriate proceedings against parties involved in this transaction.

(b) to issue such other writ direction or order which deem fit for the facts and circumstance of the case to find out deviation from contract terms and the amount of loss caused to the 2 nd respondent which is a public sector company and also to enquire any chance of explosion or damage due to the deviation to the public."

2. On this day, when the matter came up for hearing, based on

the instructions dated 28.1.2021, forwarded by the Head of Branch, CBI,

ACB, Cochin, learned counsel appearing for the CBI submitted that

investigation was taken up by CBI and that in R.C.No.1(A)/2015-

CBI/ACB/Cochin, a closure report under Section 173 was submitted to

the learned Special Judge - I, CBI, Ernakulam on 28.10.2015 and W.P.(C)No.23334 of 2017

accepted on 30.10.2015.

3. Submission made by the learned counsel for the CBI is placed

on record.

Inasmuch as the CBI has already taken up the investigation and

that the closure report has also been accepted, nothing remains in this

writ petition for further adjudication.

Writ petition is therefore dismissed as infructuous.

Pending interlocutory applications, if any, shall stand closed.

Sd/-

S.Manikumar Chief Justice

Sd/-

Shaji P.Chaly Judge vpv

/true copy/

P.A. to Judge