Private complaint alleging corruption against the District Collector, Idukki over bogus pattas and malafide orders was rejected by the Special Judge. The High Court upheld the rejection, holding the allegations disclosed no PC Act offence and were an abuse of process.
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. BABU
MONDAY, THE 1ST DAY OF APRIL 2024 / 12TH CHAITHRA, 1946
CRL.MC NO. 1737 OF 2024
AGAINST THE ORDER/JUDGMENT DATED 10.01.2024 IN CMP NO.2045 OF 2023
OF COURT OF ENQUIRY COMMISSIONER & SPECIAL JUDGE, EKM AT
MUVATTUPUZHA
PETITIONER:
SHERLY ALBERT
AGED 56 YEARS
6B2, NATIONAL RESIDENCY BANK JUNCTION, EDAPPALLY,
KOCHI, PIN - 682024
BY ADVS.
VISHNU BHUVANENDRAN
B.ANUSREE
MIRAL K.JOY
ABHILASH C.V.
VARUN JACOB
RESPONDENTS:
1 SHEEBA GEORGEDISTRICT COLLECTOR, CIVIL STATION, IDUKKI, PIN - 6856032 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA-6820313 DYSP VIGILANCE AND ANTI- CORRUPTION BUREAU IDUKKI UNIT, DISTRICT CT RD, MUTTOM, KERALA -685587SRI.RAJESH A SPL.G.P, SMT.REKHA.SR.P.P.THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
01.04.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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CRL.MC NO. 1737 OF 2024
K.BABU, J.
Crl.M.C.No.1737 of 2024
Dated this the 1st day of April, 2024
O R D E R
The challenge in this Criminal M.C. is to the order dated 10.01.2024 in CMP No.2045 of 2023 on the file of the Enquiry Commissioner and Special Judge (Vigilance), Muvattupzha. The respondent is the District Collector, Idukki. The petitioner filed a private complaint alleging commission of offences punishable under Sections 7, 7A, 11, 12 and 13 of the Prevention of Corruption Act, 1988, against the respondent.
“The complainant along with her Ex-husband and their relatives had purchased a land having an extent of 54.7 acres of land In Vagamon Village. It is known as Ranimudi Estate, An extent of 55.3 Acers of non-Patta government land was lying adjacent to above estate. Both lands mentioned above were under the direct supervision and control of Jolly Stephen and K.J.Stephen. It is alleged that Bogus Pattas were issued in the name of fictitious persons at the instance of one Jolly Stephen and K.J.Stephen in respect of Government land having an extent of 55.3 Acers in Vagamon Village, Idukki District. The District Collector had passed order Number C- 12/3638/2019 on 16-012021 cancelling 12 Pattas finding that those were bogus Pattas. It is alleged that the respondent who is the present District Collector had conspired with Jolly Stephen and KJ Stephen and “the present owners of land as per bogus Pattas" and
CRL.MC NO. 1737 OF 2024
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committed Corruption in connection with fake pattas. Four Plot owners out of 12 of cancelled bogus pattas had filed writ petitions before the Hon’ble High Court alleging that they were not heard. On 29-12-2021 the Hon'ble High Court passed a common order directing the petitioners to appear before the District Collector on 16.11.2021. The District Collector was directed to hear them and pass appropriate orders. It is alleged that instead of the complaint the order of the Hon’ble High Court, the respondent interpreted the above order as quashing of the order of the previous Collector. It is done with the malafide intention to fetch unlawful gains. The respondent had sent a report to the Land Revenue Commissioner fraudulently stating that the Hon’ble High Court had cancelled 12 Pattas. Thus the respondent has sabotaged the order dated 16.01.2021 passed by her predecessor. The 12 owners of the cancelled Pattas had filed appeal to the Land Renenue Commissioner and Land Revenue Commissioner had stayed the order dated 16.01.2021. That order was passed on 1-06-2022. The respondent had taken charge as Collector of Idukki District in July 2021. The Land Revenue Commissioner had returned the matter for the re-consideration of the District Collector on 1-062022. The respondent has not taken a decision on the matter so far. The same is done with malafide intention. There is corruption in the matter”.
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CRL.MC NO. 1737 OF 2024
land belongs to the Government. The petitioner had filed a complaint before the respondent, alleging that her ex-husband Jolly Stephen and his father Sri.K.J.Stephen had usurped land belonging to her and the Revenue Authorities issued bogus Patta in favour of them. The petitioner also approached this Court, filing W.P.(C) No.2643/2022 against the respondent. In the writ petition, this Court directed the respondent to dispose of the claim petition filed by the petitioner in a time bound manner. The order passed by the District Collector pursuant to the directions of this Court which went against her was malafide. In the proceedings before the respondent (District Collector) various contentions were raised by Sri.K.J.Stephen. The respondent in the order recorded that the petitioner herein failed to prove her title over the land claimed by her.
CRL.MC NO. 1737 OF 2024
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administrative inactions are also alleged. None of the allegations do reveal any offences under the Prevention of Corruption Act, 1988. The complaint filed by the petitioner is nothing but an abuse of the process of law. The Special Court has meticulously gone through the complaint and recorded the finding that the allegations levelled in the complaint do not disclose any offences alleged.
I am of the considered view that the Special Judge has rightly rejected the complaint. Therefore, the Criminal M.C lacks merits and it stands dismissed.
K.BABU, JUDGE
saap
CRL.MC NO. 1737 OF 2024
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APPENDIX OF CRL.MC 1737/2024
PETITIONER ANNEAnnexure-I |
XURESTRUE COP05.12.2023ENQUIRYJUDGE(VIGI |
Y OFFILEDCOMMISLANCE), |
THE COMPLAINTBEFORE THE COURTSIONERANDMUVATTUPUZHA |
DATEDOF THESPECIAL |
|---|---|---|---|---|
Annexure-II |
TRUE COPY |
OF THE |
ORDER DATED 10.01 |
.2024 IN |
CMP NO. |
2045/23 |
OF THE COURT |
OF THE |
|
ENQUIRYJUDGE(VIGI |
COMMISLANCE), |
SIONERANDMUVATTUPUZHA |
SPECIAL |
1 issue framed by the court
Whether the Special Court rightly rejected the private complaint for failing to disclose offences under the Prevention of Corruption Act against the District Collector.
1 provisions across 1 enactments
SHERLY ALBERT
SHEEBA GEORGE
DISTRICT COLLECTOR, IDUKKI
STATE OF KERALA
DYSP VIGILANCE AND ANTI-CORRUPTION BUREAU IDUKKI UNIT
K. BABU
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court