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2025 Supreme(Ker) 2194
IN THE HIGH COURT OF KERALA AT ERNAKULAM
A. BADHARUDEEN, J.
Girija Devi - Appellant
Versus
State Of Kerala - Respondent
Crl.MC No. 4368 of 2023
Decided on : 01-08-2025
Advocate Appeared:
For the Appellant : SRI.RENJITH B.MARAR, SMT.LAKSHMI.N.KAIMAL, SHRI.ARUN POOMULLI, SMT.PREETHA S CHANDRAN, SHRI.ABHIJITH SREEKUMAR, SHRI.ANAND REMESH, SRI.M.J.SANTHOSH
For the Respondent: SPL PP VACB RAJESH .A, SRPP VACB REKHA.S
Public servants may face prosecution under corruption laws if involved in conspiracy leading to illegal actions, emphasizing the necessity of establishing criminal intent.
Headnote:(A) Prevention of Corruption Act, 1988 - Section 13(2) r/w 13(1)(d) - Criminal conspiracy - Allegation of public servants abusing their official position for unlawful gain by permitting construction on encroached Government land in violation of coastal regulations - Accused included multiple officials who recommended building permits leading to illegal construction. (Paras 1, 3, 10, 12)
(B) Legal Intent - The court emphasized that mere violations of departmental rules do not constitute sufficient grounds for prosecution without evidence of criminal intent (mens rea). (Paras 8, 9)
Facts of the case:
The petitioner, an Assistant Executive Engineer, was accused of permitting illegal construction and encroachment on Government land while working with Kochi Corporation. The allegations against her assert involvement in recommending building permits that contravened Coastal Regulation Zone norms.
Findings of Court:
The court found sufficient evidence against the petitioner for permitting the construction and deemed prosecution necessary.
Issues: Whether the petitioner acted criminally by issuing permits and occupancy certificates that contributed to illegal construction.
Ratio Decidendi: The court determined that sufficient evidence suggested the petitioner conspired in permitting illegal construction in violation of the relevant coastal regulations, thereby facilitating the encroachment upon Government land.
Result: Petition dismissed; proceedings against the petitioner to continue.
| Table of Content |
|---|
| 1. factual background of the case against public servants (Para 1 , 3) |
| 2. allegations of corruption related to building permits. (Para 2) |
| 3. defense arguments regarding permits and lack of knowledge (Para 4 , 5) |
| 4. prosecution argument highlighting conspiracy and crz violations (Para 6 , 7 , 8 , 9) |
| 5. court analysis of evidence and necessity for trial (Para 10 , 11) |
| 6. conclusion and dismissal of quashment petition (Para 12 , 13 , 14) |
ORDER :
A. BADHARUDEEN, J.
The 4th accused in C.C. No. 11 of 2022 on the files of the Enquiry Commissioner and Special Judge, Muvattupuzha, under the Prevention of Corruption Act, arising out of Crime No.8/2014/EKM/VACB, Ernakulam, has filed this Criminal Miscellaneous Case seeking quashment of the proceedings against him in the said case.
2. Heard the learned counsel for the petitioner/4th accused and the learned Public Prosecutor representing VACB, in detail.
3. As per the Final Report, the allegation of the prosecution is as follows:
“Sri.J.Rajan, S/o Yohannah. Manjadi Thekkethil House, Aymanam P.O. Kottayam, while working as Building Inspector of Kochi Corporation, Vyttila Zonal office (A1), Sri. K.P. Ramachandran Nair, S/o Parameswaran Pilla, 19/814, Pullardesom Road, Palluruthy, Kochi-6, while working as Building Inspector of Kochi Corporation, Vyttila Zonal office (A2), Smt. Girijadevi P.G, W/o Balakrisnan 19/814, Krishnagiri House, Chambakulam, Kochi-21, while working as Assistant Executive Engineer, Kochi Corporation, Vyttila Zonal Office (A4). Sri. Nahas. N.M. S/o Moideedn, 04/4 B. Marine Plaza, Kochi-18 while working as Town Planning Officer, Kochi Corporation (A5). Sri.Ajayaghosh, K.D., S/o Damodharan, Kalathumkadavil House, RSAC Road. Vyttila, Kochi, while working as Town Planning Officer, Kochi Corporation (A6), Sri. Jayakumar, K.N. S/o Nanu.K. 19/814. Thripuram House, Kollamkudinugal, Kakkanad, while working as Building Inspector, Kochi Corporation, Vyttila Zonal office (A7), Sri.Jose Michle T.J, S/o T.M John, Thaikoottathil House, Kannamaly P.O., Kattiparambu. Kochi, while working as a Town Planner, Kochi Corporation (A8), Sri.Antony Fernandas, S/o. Vincent Fernandas, Wince Dale. Telephone Exchange Road, Alapuzha West Village, while working as a Building Inspector, Kochi Corporation, Vyttila Zonal Office, Kochi Corporation (A9). Sri R. Sreekumar, S/o Raghavan Pilla, Rohini House, Thrikkakara, Near Navanirman HSS. Kochi, while working as Assistant Executive Engineer, Kochi Corporation (A10), Sri. Raju Mathwes, S/o Mathew, Akkapadikkal House, Kadalikkadu, Muvattupuzha, while working as Town Planner. Kochi Corporation (A11), Sri Sathyadas, S/o Sankaran Nair, Sreemandiram House, Kumaramangalam. Thodupuzha, while working as a Building Inspector, Kochi Corporation. Vyttila Zonal Office (A12). Smt. Moly. P.R. W/o Pradeepkumar, Bodhi House, Vettuveni, Haripad, now residing at C/3. Jawahal Nagar, Thiruvananthapuram, while working as Assistant Executive Engineer, Kochi Corporation (A13), and Sri Subhash. K.S. S/o Sreedharan K, Kadvail House, Kunnumpuram, Kakkanad, while working as Town Planner-Kochi Corporation ( A14) and as such being public servants, abused their official position and in furtherance of it, the said Sri.J.Rajan (A-1) and Sri. K.P. Ramachandran Nair (A-2), while officiating as a Building Inspectors in the Engineering wing of Kochi Corporation, abused their official power for making an unlawful gain to Heera Construction Company, conspired with its Managing Director, Sri. K.R. Babu. S/o Aliyar Kunju, Heera House, Cpp.Gold Club, TK.V Nagar, Kowdiyar, Thiruvananthapuram (A-3), and permitted to construct a flat by encroaching Government-owned Kayal Purambok in Sy. No.572/2 & 1038 of Elamkulam Village at Chilavannoor. The said Sri. K.R Babu (A-3) while working as Managing Director, Heera Constructions and Sri Gopakumar, S/o Sivasankaran Nair, Somajam, Manamel Temple Road, Vyttila, Erakulam while working as Architect, Kumar Group, Kochi ( A-15) conspired with the above said
