Petitioner accused in ST No. 269/2017 challenged prosecution for alleged violation of Kerala Paddy Land Act. Court allowed criminal misc. application quashing proceedings as District Collector reported the land was not paddy land, negating the factual basis of the charge.
The Criminal Misc. Case No. 1467 of 2018 and the prosecution in ST No. 269 of 2017 are quashed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW
FRIDAY, THE 1ST DAY OF JUNE 2018 / 11TH JYAISHTA, 1940
Crl.MC.No. 1467 of 2018
ST 269/2017 of CHIEF JUDICIAL MAGISTRATE COURT, PALAKKAD
------
PETITIONER/ACCUSED :
YAKOOB,S/O. ABDUL RAHIMAN, AGED 52 YEARS, VAZHAPUZHA, KOLLENGODE, PALAKKAD DIST.
BY ADV.SRI.V.M.KRISHNAKUMAR
RESPONDENTS/STATE & COMPLAINANT:
1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM - 682 031.
2. VILLAGE OFFICER KOLLENGODE- 2, PALAKKAD DIST, PIN - 678 506.
BY PUBLIC PROSECUTOR SRI.T.R.RENJITH
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01-06-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
bp 02/6/2018
Crl.MC.No. 1467 of 2018 () --------------------------
APPENDIX
PETITIONER(S)' ANNEXURES :
| ANNEXURE I |
TRUE COPY OF THE CERTIFICATE ISSUED BY THE VILLAGE OFFICER, KOLLENGODE DATED 04.11.2017 CERTIFYING THAT THE PETITIONER'S LAND IS CEASED TO BE PADDY LAND. |
|---|---|
| ANNEXURE II |
TRUE COPY OF THE LICENSE ISSUED BY THE KOLLENGODE GRAMAPANCHAYATH FOR THE YEAR 2014-15 DATED 28.06.2014. |
| ANNEXURE III |
TRUE COPY OF THE LICENSE ISSUED BY THE KOLLENGODE GRAMAPANCHAYATH FOR THE YEAR 2015-16 DATED 26.08.2015. |
| ANNEXURE IV |
TRUE COPY OF THE SEIZURE MAHAZAR DATED 10.06.2016. |
| ANNEXURE V |
THE CERTIFIED COPY OF THE COMPLAINT, ST. NO.269/2017 OF CHIEF JUDICIAL MAGISTRATE COURT. |
| ANNEXURE VI | TRUE COPY OF THE CHALAN RECEIPT DATED 21.06.2017 |
| ANNEXURE VI | COPY OF THE JUDGMENT IN WPC NO. 6622/2017 DATED 28/2/2017(IA NO. 3377/2018) |
| ANNEXURE VII | THE COPY OF THE ORDER OF THE GEOLOGIST PALAKKAD DATED 21.06.2017. |
| ANNEXURE VIII | TRUE COPY OF THE ORDER OF THE DISTRICT COLLECTOR PALAKKAD DATED 05.07.2017. |
RESPONDENT'S ANNEXURES : NIL. //TRUE COPY// P.A. TO JUDGE bp 02/06/2018
K. ABRAHAM MATHEW, J.
-------------------------------------------------Crl.M.C. No. 1467 of 2018
Dated this the 1st day of June, 2018
O R D E R
Petition filed under Section 482 Cr.P.C.
the file of the Chief Judicial Magistrate, Palakkad. The allegation is that he committed the offence under Section 23 of the Conservation of (Kerala) Paddy Land and Wetland Act (for short, “the Act”). The proceedings are sought to be quashed on the ground that the facts do attract the offence.
Crl.M.C. No. 1467 of 2018
..2..
demanded from him under the MMDR Act.
In the result, this Crl.M.C. is allowed. The proceedings in ST No. 269 of 2017 on the file of the Chief Judicial Magistrate, Palakkad are quashed.
Sd/-
K. ABRAHAM MATHEW JUDGE
bka/01.06.2018
3 issues framed by the court
Whether the criminal proceedings under Section 23 of the Conservation of Paddy Land Act should be quashed given that the land is not paddy land.
Whether the District Collector's report dismissing the land as paddy land negates the offence.
Whether the relief of quashing is just, adequate, and appropriate in the circumstances.
2 provisions across 2 enactments
Yakkuob, S/O Abdul Rahiman
State of Kerala
Village Officer Kollegode
K. Abraham Mathew
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
