The court decided that sufficient grounds for proceeding with charges under various sections of the Prevention of Corruption Act and the IPC were established against the Executive Officer.

COMMON ORDER

These Criminal Revisions are directed against the orders passed in Crl.M.P.No.243 of 2021 in Spl.C.No.8 of 2019 dated 09.04.2025 and Crl.M.P.No.244 of 2021 in Spl.C.No.9 of 2019 dated 05.04.2025 on the file of the Special Court for the Exclusive Trial of Prevention of Corruption Act cases, Tirunelveli, in dismissing the petitions for discharge filed under Section 227 of the Code of Criminal Procedure.

2. The case of the prosecution is as follows;

(a) One MCDA.Rajan / second accused (hereinafter referred as 'second accused') doing a real estate business, purchased a land in Vadakku Valliyoor Village in Survey No.1708/1B measuring 4.18 acres, out of which, the second accused developed plots layout for 2.71 acres and applied for layout approval in the name of Raja Malli Nagar on 16.04.1990 to the Director of Town and Country Planning, Chennai through the Executive Officer, Valliyoor Special Grade Town Panchayat providing more than 10% (13,620 sq.ft) of the total area for park and streets for public utility purpose. The Director of Town and Country Planning issued technical approval vide letter dated 17.09.1991 imposing certain conditions.

(b) After getting technical approval, the second accused executed a gift deed in the name of the then Executive Officer on behalf of Vadakku Valliyoor Special Grade Town Panchayat vide document No.991/1991 dated 18.11.1991 for handing over the lands for streets for public utility purpose and on 30.12.1991, the second accused executed another gift deed to the same Executive Officer vide document No.1079/1991 for handing over the lands for park for public utility purpose. Thereafter, the Executive Officer issued layout approval imposing certain conditions vide proceedings dated 06.01.1992 including the condition that each and every land which was gifted and documented in favour of the local body should be sub divided immediately after registration of that land and should make the transaction entered in the village revenue records like A-Register, 10/1, Adangal and Field Measurement Book (FMB) and should be handed over to the concerned local body authority.

(c) After the registration of lands for park and streets, the then Executive Officer and their successors of Vadakku Valliyoor Town Panchayat had not taken any steps to apply for the sub-division and the same were not entered in the village revenue records. Hence, the ownership of the property remained in the name of the second accused himself. Some of the purchasers of plots from the second accused made sub-division and some of them had not made sub-divisions but arranged to enter their name in the joint patta and in the village revenue records. The said Panchayat authorities have not taken any steps to take possession of the land gifted for streets and park which remained in the name of the second accused.

(d) During 2004 – 2007, land acquisition process was carried out for the formation of Quadrilateral 4-way National Highway Road NH7 and the land acquisition authorities had acquired 4117 sq.mtr area from the approved layout land of the second accused in Survey No.1708/1B and whole area of the 12 plots, partly park and streets areas and also some unsold plot area of the second accused. Since the lands gifted for park and streets were not revealed to NH land acquisition authorities, compensation amount for the park and street areas were paid to the second accused instead of Vadakku Valliyoor Panchayat. The Panchayat authorities have also not taken any steps to take possession of the park and streets lands or to take steps to get the compensation and thereby caused pecuniary loss to the Government.

(e) After receiving the