Held that petitioner accused No. 5 (DDO) did not commit a criminal act for entering an agreement without land relinquishment certificate as the District Collector directed to obtain it only "if necessary". Second Petition
Quashed all further proceedings against 5th accused, DDO. Remaining petitioners free to raise contentions for discharge below.
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 SUNIL THOMAS
TUESDAY, THE 22ND DAY OF FEBRUARY 2022 / 3RD PHALGUNA, 1943
CRL.MC NO. 2302 OF 2017
(AGAINST THE PROCEEDINGS IN C.C.NO.24/2016 OF THE ENQUIRY
COMMISSIONER AND SPECIAL JUDGE, KOZHIKKODE, ARISING OUT OF CRIME
NO.13/2004 OF THE V.A.C.B., MALAPPURAM)
PETITIONERS/ACCUSED NOS.2,3,4,5 AND 8:
1 C.A.MUHAMMED AGED 62 YEARS S/O.HASSAN, AGED 62 YEARS, PARAMBIL PEEDIKA, VELIMUKKU, MALAPPURAM DISTRICT.
2 C.M.ABDUL JALEEL AGED 69 YEARS S/O.MUHAMMED, AGED 69 YEARS, THUSHARA, VALLYATTIPARAMBU, MANJERI, MALAPPURAM DISTRICT.
3 P.ABDUL KAREEM S/O.UNNEEN, AGED 45 YEARS, KAKKANALIL HOUSE, THURAKKAL, KONDOTTY, MALAPPURAM DISTRICT.
4 K.K.GEORGE AGED 64 YEARS S/O.KURU, KANJIRAMKOLOTH HOUSE, PANGARAPALLI P.O., MULAMTHURUTHI, ERNAKULAM DISTRICT.
5 S.NAVAKUMARAN
S/O.C.SANKARAN, AGED 67 YEARS, PUTHANPURAKKAL HOUSE, MALAM P.O., KOTTAYAM DISTRICT.
BY ADV SRI.BABU S. NAIR
RESPONDENT/STATE/COMPLAINANT:
1 THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM, KOCHI-31, FOR THE DEPUTY SUPERINTENDENT OF POLICE, VIGILANCE AND ANTI CORRUPTION BUREAU, MALAPPURAM - 676505.
Crl.M.C.No.2302 of 2017
2
BY ADVS. SRI.A RAJESH, SPECIAL GOVERNMENT PLEADER
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22.02.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.2302 of 2017
3
ORDER
Dated this the 22nd day of February, 2022
The petitioners are accused Nos.2, 3, 4, 5 and 8 respectively in C.C. No.24/2016 before the Enquiry Commissioner and Special Judge, Kozhikode for offences punishable under Sections 13(1)(c) and (d) r/w 13(2) of PC Act, 1988 and Sections 409, 420, 465, 468, 477(A) and 120-B of I.P.C. Annexure-A is the F.I.R. Annexure-B is the final report.
Crl.M.C.No.2302 of 2017
4
4th accused, who was the convener of the beneficiary committee of the Neettani – Koppilanmukku Road extension work during the period 2001 under the Flood Relief Work 99 Scheme and 5th accused suppressing the fact of non receipt of land relinquishment statement and the remaining accused suppressing the fact that work was only completed up to first 45 metres, released a sum of Rs.1,82,336/- without completion of the entire work of 95 metres length, thereby committed cheating and criminal misappropriation.
Crl.M.C.No.2302 of 2017
5
the entire work of 95 metres and suppressing the fact that work up to 45 metres was only completed, released the amounts to the convener of the beneficiary committee. The allegation against 5th accused is that he being the Block Development Officer executed the agreement with 4th accused contrary to the instruction of the District Collector, Malappuram to obtain relinquishment statements from the affected land owners. The allegation against 6th accused and 8th accused was that they being the Block Development Officer and Deputy Development Commissioner, DRDA, Malappuram gave completion report of the work, without ensuring that work remained incomplete.
6
Crl.M.C.No.2302 of 2017
not appreciating at present, I do not propose to
interfere in final report, to the extent it refers to accused Nos.2, 3 and 4. As against accused Nos. 6 and 8, there is a separate allegation that they released the funds and 8th accused being the Deputy Development Commissioner, DRDA gave the completion certificate and participated in releasing the amount. Hence, there are some materials in relation to accused No.8 also.
against him is that, he being the DDO executed the agreement without obtaining the land relinquishment statement as instructed by the District Collector. The learned Counsel for the petitioner invited my attention to the available records which included the proceedings of the District Collector dated 07.03.2021 wherein, it was specifically directed as the first item that land relinquishment statement should be obtained “if
7
Crl.M.C.No.2302 of 2017
necessary”, before the execution of the Board. The learned Counsel for the petitioner then relied on Annexure-C which is the photo copy of the relevant page of the road register maintained by the Panchayat evidencing the list of roads in Panchayat. A certified copy of it was also produced at the time of hearing. Item No.4 in that register is Neettani – Koppilanmukku Road having a length of 150 metre and width of 5 metre. Apparently, the above road vests with the Panchayat. In the light of this, 5th accused cannot be found to have committed any criminal act by not obtaining land relinquishment certificate. However, in the light of Annexure-C, no criminal liability can be fastened on 5th accused for entering into an agreement without obtaining land relinquishment certificate especially when District Collector has directed to obtain it, “if necessary”. Hence, I find that there is no material available to proceed against 5th accused.
Crl.M.C.No.2302 of 2017
8
allow the Crl.M.C. in part by quashing all further proceedings as against the 5th accused, the DDO, who is arrayed as 4th petitioner in the Crl.M.C.
Crl.M.C. stands allowed in part as against the 5th
accused. The remaining petitioners are free to raise all their contentions before the court below and to seek discharge, if so advised.
Sd/-
SUNIL THOMAS
JUDGE
SKP/23.02
Crl.M.C.No.2302 of 2017
9
APPENDIX OF CRL.MC 2302/2017
PETITIONERS' ANNEXURES:
ANNEXURE A TRUE COPY OF THE F.I.R. IN CRIME NO.13/2004 OF THE VACB, MALAPPURAM.
ANNEXURE B TRUE COPY OF THE FINAL REPORT AND CHARGE IN CRIME NO.13/2004 OF THE VACB, MALAPPURAM. ANNEXURE C TRUE COPY OF THE EXTRACT OF THE ROAD REGISTER OF THE KONDOTTY GRAMAPANCHAYATH. ANNEXURE D TRUE COPY OF THE LIST OF RECORDS IN VC13/4MPM. ANNEXURE E TRUE COPY OF THE ORDER IN CRL.R.P.NO.882/2014 OF THIS HON'BLE COURT DATED 25-7-2016.
RESPONDENTS' EXHIBITS:
ANNEXURE I SITE INSPECTION REPORT PREPARED BY K.V.MOHAMMED MANZOOR, ASSISTANT EXECUTIVE ENGINEER, ROAD SUB DIVISION, PONNANI
TRUE COPY
P.A.TO JUDGE
2 issues framed by the court
Whether the petitioner accused No. 5 committed criminal misfeasance by executing an agreement without obtaining land relinquishment statements.
Whether materials on record indicate non-compliance to proceed against the specific accused in the coram.
3 provisions across 2 enactments
C.A. MUHAMMED
C.M. ABDUL JALEEL
P. ABDUL KAREEM
K.K. GEORGE
S. NAVAKUMARAN
THE STATE OF KERALA
SUNIL THOMAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
