W.P.(C ) 13804 of 2008 is filed by the 5th accused, C.V. Padmarajan who was the Minister for Electricity and Coir in he State of Kerala for the period from 1991-1995 when the Ministry led by the United Democratic Front (UDF" for short) was in power in the State of Kerala. The prayer in the said Writ Petition filed on 28-4-2008 is the following:-

a) issue a writ of certiorari or other writ or order to quash Ext.P1 charge sheet and Ext. P2 summons and thereby upholding the protections of the petitioner under the provisions of S. 188 and 197 (1) Crl. P.C.

b) declare that the Vigilance Court, Thrissur has no jurisdiction and legal authority to proceed with Ext. P1 charge sheet and P2 summons against the petitioner.

c) issue a writ of mandamus or other writ or order or direction directing the respondents 1 to 4 to drop the prosecution proceedings now initiated against the petitioner without any sanction from the competent authorities under Sec. 188 and 197 (1) Crl.P.C.

(c) Issue such other reliefs as this Honble Court deems fit and proper in the circumstances of this case.

Respondents 1 to 4 in the said Writ Petition are:

i) Government of Kerala, represented by the Secretary to the Government, Vigilance and Home Affairs Secretariat, Thiruvananthapuram,

ii) Sheristadar, Enquiry Commissioner and Special Judge, Vigilance, Thrissur

iii) Director of Vigilance & Anti corruption, Thiruvananthapuram

iv) Superintendent of Police, Vigilance & Anti corruption Bureau, Special Cell, Ernakulam Subsequently, on 24-6-2008 the petitioner filed I.A. No. 8028 of 2008 for amendment of the Writ Petition so as to include two additional grounds that the Vigilance Judge committed an illegality in taking cognizance of the offences against the petitioner against whom no offence was actually made out and that there was unexplained long delay of 15 years from the date of occurrence and also to include the following additional prayer:-

(d) to declare that Ext.P1 charge sheet does not disclose any offence and hence Ext.P1 and P2 are unsustainable in law and void ab-initio.

2. Writ Petition (C) No. 20817 of 2008 is filed by the first accused R. Narayanan who was the Chairman of the Kerala State Electricity Board (K.S.E.B. for short) during the period from 20-8-1991 to 19-6-1993. The reliefs prayed for in the said Writ Petition are the following:-

"a) Issue a writ of certiorari or any other appropriate writ, order or direction, issue quashing Exts. P1 charge sheet as illegal and unsustainable after calling for and perusing the records leading to the same.

b) issue a writ of mandamus or any other appropriate Writ, Order or Direction directing respondents 1 to 4 to drop the prosecution proceedings initiated in C.C. No. 3 of 2008 before the Vigilance Court, Thrissur against the petitioner, since it is violative of Sec. 4(2) of P.C. Act, 197 (1) and 188 of Crl.

P.C.

c) declare that the Vigilance Court, Thrissur is not having territorial jurisdiction and legal authority to proceed with Ext.P1 charge sheet against the petitioner.

d) declare that Ext.P1 does not disclose any offence against this petitioner and hence Ext.P1 is unsustainable and void ab initio

e) issue such other reliefs as this Honble Court deems fit and proper in the factual circumstances of the case

f) award cost to the petitioner to the proceedings" Respondents 1 to 4 in this Writ Petition and W.P.

(C) No. 17804 of 2008 are the same.

THE ADVOCATES WHO APPEARED

3. I heard senior Advocate Sri. N. Dharmadan appearing for the petitioner (A5) in W.P. (C ) 13804 of 2008, Adv. Sri. V. Ajith Narayanan, the learned counsel appearing for the petitioner (A1) in W.P.C. 20817 of 2008, Advocate Sri. P.S. Biju appearing for R. Sivadasan (A3 -7th respondent in W.P.C. 13784/08) former Chairman of K.S.E.B. who took over from first accused R. Narayanan and Adv. Sri. K.K. Raveendranath, the learned Addl. Director General of Prosecutions and Adv. Sri. P.N. Sukumaran, the learned Public Prosecutor appearing for t