Acquisition of government land through fraudulent means implicates both public officials and private individuals, necessitating trial to address conspiracy and ownership legitimacy.

ORDER :

A. Badharudeen, J.

Dated this the 9^th day of July, 2025 Accused No.4 in C.C.No.15/2022 on the files of the Enquiry Commissioner and Special Judge (Vigilance), Thalassery, arising out of crime No.17/2015 of Vigilance and Anti-Corruption Bureau (hereinafter referred to as ‘VACB’ for short), Kasargod, has filed this Criminal Miscellaneous Case seeking quashment of the entire proceedings in the above case.

2. Heard the learned counsel for the petitioner/4^th accused and the learned Special Public Prosecutor in detail. Perused the documents placed by the learned counsel for the petitioner and the relevant documents form part of the final report.

3. The prosecution case is that, on the basis of a petition received on 06.07.2015 from Sri.K.M.Muhammed Haneef, S/o.Abdul Rahman, Aged 47/16, Muttathody Village, Alambady Kasaragod, regarding the illegal possession of government land in Thalangara Village by private individuals, a quick verification was conducted by the Vigilance & Anti- Corruption Bureau, Kasaragod Unit and found that the government land extending 3.68 acres was illegally possessed by private individuals, Sri.Saji Sebastian, Sri M.Krishnan Nair, Sri.A.Gopinathan Nair and Sri.S.J.Prasad (the petitioner herein) with the connivance of government officials, Sri.K.Sivakumar, the former Election Deputy Tahsildar, Kasaragod; Sri.Cheniyappa, the former Tahsildar, Kasaragod; Sri. Robin D’Silva, the former Sub Registrar, Kasaragod and Sri.T.O. Sooraj IAS, the former Land Revenue Commissioner, Thiruvananthapuram and the successor of Sri.Ganappayya who had taken on lease the land from the State of Madras on 30.09.1903. The Quick verification report was submitted to the Director, VACB, Thiruvananthapuram, with the recommendation to register a Vigilance case. As per the order of the Director, VACB, Thiruvananthapuram, vide order No. E14 (QV3/15/KSD) 23405/15 dtd 15.07.2025, a vigilance case was registered in Kasaragod Vigilance unit on this matter as VC 17/15/KSD under Section 13 (1) (d) r/w 13 (2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as ‘the PC Act’ for short) and Sections 420 and 120B of the INDIAN PENAL CODE (hereinafter referred to as ‘IPC’ for short) on 16.07.2015.

4. Investigation of this case has been conducted by Sri.K.V.Raghuraman and V.K. Prabhakaran who were the Deputy Superintendent of Police, VACB, Kasaragod Unit and charge sheet of the case was filed by Sri.K.V. Venugopal, the then Deputy Superintendent of Police, VACB, Kasaragod. Investigation revealed that Sri.S.J.Prasad, the petitioner herein, purchased 91 cents of land in RS Nos. 27/14, 28/02 and 27/13 of Thalangara village as per document No.3867/09/I and also purchased 33 cents of land in RS Nos.27/03 and 27/6 (in the statement filed by the Dy. Superintendent of Police, VACB, RS No.27/06 is stated as ‘27/10’) of Thalangara village as per document No 3868/09/I.

5. While seeking quashment of the entire proceedings, it is pointed out by the learned counsel for the petitioner that the petitioner is innocent and he has purchased 1.24 acres of land (91 cents + 33 cents) in RS Nos.27/3, 27/06, 27/13, 27/14 and 28/2 (in the statement filed by the Dy. Superintendent of Police, VACB, RS No.27/06 is stated as ‘27/10’) of Thalangara village for valid consideration and accordingly, the title holders executed two sale deeds in his favour. It is pointed out by the learned counsel for the petitioner further that as per Annexure A5, Patta No.224 was issued in favour of the executants of the document and believing the Patta and also after getting the legal opinion from CW24 to the effect that the property was fit for sale, the petitioner purchased the property. Therefore, the petitioner has no intention to commit