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2022 Supreme(Online)(KER) 4350
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE SUNIL THOMAS MONDAY, THE 9TH DAY OF MAY 2022 / 19TH VAISAKHA, 1944 CRL.MC NO. 5271 OF 2019 AGAINST THE ORDER/JUDGMENT IN CC 1/2019 OF ENQUIRY COMMISSIONER&
SPECIAL JUDGE,THRISSUR PETITIONERS/ACCUSED NOS.2 & 3 :
1 SABU.M.J AGED 54 YEARS S/O.JACOB.M,MANJALI HOUSE,P.OCHAVAKKAD, THRISSUR DISTRICT0-680581.
2 UMMER.P.I, AGED 49 YEARS S/O.P.K.MOIDU,POOVATHINKAL HOUSE, P.O.MINALOOR,THRISSUR DISTRICT-680581.
BY ADVS.
SANTHOSH P.PODUVAL SMT.R.RAJITHA SMT.CHITHRA.S.BABU SRI.R.N.SANDEEP RESPONDENT/STATE:
STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM-682031.
BY SPECIAL P.P. A.RAJESH OTHER PRESENT:
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
24.02.2020, ALONG WITH WP(C).12090/2019, 12083/2019 AND CONNECTED CASES, THE COURT ON 9/5/2022 PASSED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE SUNIL THOMAS MONDAY, THE 9TH DAY OF MAY 2022 / 19TH VAISAKHA, 1944 WP(C) NO. 12090 OF 2019 PETITIONER:
C.SASEENDRAN AGED 56 YEARS S/O. KUMARAN, RESIDING AT SIVADAM, PANAYATHAMPARAMBA, MURINGARI P.O., KANNUR 670 612.
BY ADVS.
K.C.SANTHOSHKUMAR SMT.K.K.CHANDRALEKHA RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM
695 001.
2 THE DEPUTY SUPERINTENDENT OF POLICE VIGILANCE AND ANTI CORRUPTION BUREAU, THRISSUR 680 001.
3 SABU.M.J., S/O. JACOB.M., MANJALI HOUSE, P.O., CHAVAKKAD, THRISSUR 680 506.
4 UMMER.P.I., S/O. P.K.. MOIDU, POOVATHINKAL HOUSE, P.O., MINALOOR, THRISSUR DISTRICT 680 581.
5 V.N. RADHAKRISHNAN S/O. V.C. NARAYANAN SANTHI, SIVAKRISHNA, CHOOLIPURAM, GURUVAYUR THRISSUR DISTRICT 680 101. (DELETED)
DELETED AS PER ORDER DATED 8/8/19 IN I.A.1/2019 IN WP(C)12090/2019 BY ADVS.
SPL.P.. SR.A.RAJESH SRI.SANTHOSH P.PODUVAL SMT.R.RAJITHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.02.2020, ALONG WITH Crl.MC.5271/2019 AND CONNECTED CASES, THE COURT ON 9/5/2022 DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE SUNIL THOMAS MONDAY, THE 9TH DAY OF MAY 2022 / 19TH VAISAKHA, 1944 WP(C) NO. 12083 OF 2019 PETITIONER:
C.SASEENDRAN AGED 56 YEARS S/O KUMARAN, RESIDING AT SIVADAM, PANAYATHAMPARAMBA, MURINGARI P.O., KANNUR-670 612.
BY ADVS.
K.C.SANTHOSHKUMAR SMT.K.K.CHANDRALEKHA RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-
695 001.
2 THE DEPUTY SUPERINTENDENT OF POLICE VIGILANCE AND ANTI CORRUPTION BUREAU, THRISSUR-680 001.
3 SABU M.J S/O JACOB M, MANJALI HOUSE, P.O. CHAVAKKAD, THRISSUR-
680 506.
4 UMMER P.I.
S/O P.K. MOIDU, POOVATHINKAL HOSUE, P.O. MINALOOR, THRISSUR DISTRICT-680 581.
5 P.K.VASUDEVAN S/O. KORU, PALLIKKARA P.O., GURUVAYOOR, THRISSUR DISTRICT-680 503.
6 V.N.RADHAKRISHNAN, S/O V.C.NARAYANAN SANTHI, SIVAKRISHNA, CHOOLIPURAM, GURUVAYUR, THRISSUR DISTRICT-680 101. (DELETED)
(R6 IS DELETED FROM PARTY ARRAY AS PER ORDER DATED
08/08/2019 IN IA 01/2019)
BY ADVS.
SPECIAL P.P. A RAJESH SRI.SANTHOSH P.PODUVAL SRI.V.C.MADHAVANKUTTY SMT.R.RAJITHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.02.2020, ALONG WITH Crl.MC.5271/2019 AND CONNECTED CASES, THE COURT ON 9/5/2022 DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE SUNIL THOMAS MONDAY, THE 9TH DAY OF MAY 2022 / 19TH VAISAKHA, 1944 CRL.MC NO. 5272 OF 2019 AGAINST THE ORDER/JUDGMENT IN CC 2/2019 OF ENQUIRY COMMISSIONER&
SPECIAL JUDGE,THRISSUR PETITIONERS/ACCUSED NOS.2 & 3:
1 SABU.M.J AGED 54 YEARS S/O.JACOB.M.MANJALI HOUSE,P.O.CHAVAKKAD, THRISSUR DISTRICT-680581.
2 UMMER.P.I, AGED 49 YEARS S/O P.K.MOIDU,POOVATHINKAL HOUSE, P.O.,MINALOOR,THRISSUR DISTRICT-680581.
BY ADVS.
SANTHOSH P.PODUVAL SMT.R.RAJITHA SMT.CHITHRA.S.BABU SRI.R.N.SANDEEP RESPONDENT/STATE:
STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM-682031.
BY SPECIAL P.P.SRI. A.RAJESH THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
24.02.2020, ALONG WITH Crl.MC.5271/2019 AND CONNECTED CASES, THE COURT ON 9/5/2022 PASSED THE FOLLOWING:
COMMON JUDGMENT
The accused Nos. 1 to 3, who are common in CC No.1/2019 and CC No.2/2019 arising from VC No.9/2012/TSR, pending before the Enquiry Commissioner and Special Judge, Thrissur for offences punishable under section 13(2) read with section 1(d) of the PC Act and section 120B IPC are the petitioners herein. Crl.M.C.No.5271/2019 and Crl.M.C.5272/2019 are filed by accused Nos. 2 and 3. W.P.(C) No.12090/2019 and O.P. No.12083/2019 are preferred by the first accused.
2. The crux of the prosecution allegation was that, they along with the village officer, conspired with one private person arrayed as an accused, permitted him to obtain various documents for developing an item of property for construction projects within the above Panchayath. The first accused was the Secretary of Pokkodu Grama Panchayath. Second accused was the Assistant Engineer of the same Panchayath and the 3rd accused was the overseer of the Panchayath. It was alleged that the village officer deliberately omitted the classification of land which was “nanja land” as per the BTR, in the location certificate and the possession certificate which was submitted along with the application form for building permits for the above project. In C.C.No.1 of 2019 the allegation was that the Assistant Engineer and Overseer of the Grama Panchayath conspired with the Secretary of Panchayath and a private person to cause financial gain to the private person. In pursuance of the conspiracy, the first accused being the Secretary issued 116 building permits for the construction of 111 villas to the 5th accused who is the private person who developed the land in Iringanpuram project site and sold to different individuals. They submitted application for building permits before issuing building permit and obtaining lay out approval from the District Planner and violating Rules 4 & 5 and section 27 of KMBR caused wrongful loss to the Government. It was alleged that the assistant engineer and the overseer who are the accused Nos. 2 and 3, enabled the 5th accused to submit application for building permit before issuing development permit and obtaining layout in the District Town Planner and violating Rules 4 & 5 and section 27 of the KMVR and accused Nos. 2 and 3 who were responsible to conduct preliminary enquiry and verification of the documents and to conduct site inspection did not report about the violation of the KMBR about the necessity of lay out approval and development permit as per section 27 of KMBR 1999 and did not recommend for the rejection of the building permit which resulted in obtaining undue pecuniary advantage to the 5th accused and the Government sustained heavy loss. On the basis of the investigation conducted, the final report was laid consisting of A and B charges, the above allegation constituted the B charge. The B charge was taken on record and the cognizance was taken by the Special Judge as CC No. 1/2019. Accused Nos. 1,2 and 3 have approached this court challenging final report by filing O.P.No.12083/2019 and Crl.M.C.5271/2019.
3. In A charge of the final report, it was alleged that the first, second and third accused colluded and conspired with the 4th accused, the builder who was the 5th accused in CC No1/2019 and in furtherance of the criminal conspiracy, the first accused issued 17 building permits for the construction of 17 villas to the 4th accused who developed the land in Mammiyoor project site and sold it to different individuals and submitted applications for building permits before issuing development permit and obtaining lay out approval from the District Town Planner, thus violating Rule 4, 5 and section 27 of the KMBR. The assistant engineer, who is the second accused and the third accused who is the overseer who were responsible to conduct preliminary verification of the documents and to conduct site inspection did not report about the violation of the KMBR, about the necessity of lay out approval and development permits as per section
