K.Bhageerathan vs State Of Kerala
2023 Latest Caselaw 9717 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
         THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
WEDNESDAY, THE 13TH DAY OF SEPTEMBER 2023/22ND BHADRA, 1945
                      WP(C) NO.11646 OF 2016
PETITIONER:

            K.BHAGEERATHAN, AGED 66 YEARS, S/O.KUNHAN NAIR,
            MANJATH HOUSE, AMBALAVAYAL P.O., WAYANAD DISTRICT
            PIN- 673 593
            BY ADVS.
            SRI.P.VISWANATHAN
            SMT.M.R.MINI
            SRI.SUNIL N.SHENOI


RESPONDENTS:

    1       STATE OF KERALA REPRESENTED BY ITS SECRETARY
            REVENUE (L) DEPARTMENT, SECRETARIAT,
            THIRUVANANTHAPURAM - 695001.
    2       THE DISTRICT COLLECTOR, WAYANAD - 673 593
    3       THE DEPUTY COLLECTOR (LT) CUM-ADMINISTRATIVE
            OFFICER, AMBALAVAYAL-673 393.
    4       THE ADMINISTRATIVE OFFICER, WAYANAD COLONISATION
            SCHEME, AMBALAVAYAL - 673 593
ADDL.5      KUNJU MOHAMMED T.P., AGED 67 YEARS, S/O.ABU,
            THEKKEPEDIYEKKAL HOUSE, AMBALAVAYIL P.O.,
            WAYANAD.


*           ADDL.R5 IS IMPLEADED AS PER ORDER DATED
            13.06.2016 IN IA NO.9122/2016.
            BY ADVS.
            SRI.HANIL KUMAR, SENIOR GOVERNMENT PLEADER
            SRI.K.M.FIROZ
            SMT.M.SHAJNA

     THIS     WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION     ON   13.09.2023,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO.11646 OF 2016                 2




                              JUDGMENT

This writ petition is filed challenging

Exts.P3 & P24 communications issued by the 1st

respondent. Pursuant to Ext.P22 order passed by

the Court of the Enquiry Commissioner and Special

Judge, Kozhikkode in a complaint filed under

Section 190(1)(a) of the Code of Criminal

Procedure read with Section 5(1) of the PC Act by

the additional respondent herein, the Additional

Chief Secretary to Government addressed a letter

to the Principal Secretary, Government (Revenue)

Department to cancel Exts.P4 & P16 Patta issued in

the name of the petitioner and to re-possess the

land covered thereunder. It was further directed

to register a criminal case against the petitioner

for cheating and forgery pursuant to Ext.P22. By

Ext.P24 the Principal Secretary Revenue (L)

Department had addressed a letter to the Land

Revenue Commissioner forwarding the copy of

Exts.P22 & P23 and requesting to take further

steps pursuant to the recommendations in Ext.P22.

2. A memo has been filed by the learned Senior

Government Pleader producing copy of the final

report submitted in Crime No.33 of 2016 of

Ambalavayal Police Station referring the case as

'Mistake of fact'. The reference case No.117 of

2018 on the file of the Judicial First Class

Magistrate Court-I, Sultan Bathery was closed on

the basis of the final report.

3. The learned Government Pleader submits that

pursuant to the final report referred to above,

the proceedings pursuant to Exts.P22 & P24 cannot

be proceeded with.

Recording the said submission, the writ

petition is closed.

Sd/-

MURALI PURUSHOTHAMAN JUDGE sp/13/09/2023

APPENDIX PETITIONER'S EXHIBITS:-

EXT.P1 THE DISCHARGE CERTIFICATE ISSUED BY THE COMMANDING OFFICER 122 INFANTRY BATTALION (TA), DT. 19/06/1968. EXT.P2 COPY OF THE GOVERNMENT ORDER, DT.

14/09/1984.

EXT.P3 COPY OF THE ORDER OF ASSIGNMENT, DT.

12/10/1984.

EXT.P4 COPY OF THE PATTAYAM, DT. 12/10/1984. EXT.P5 COPY OF THE EXTRACT OF THE SURVEY SKETCH, DT. 18/5/1985 ISSUED BY THE OFFICE OF THE 4TH RESPONDENT. EXT.P6 COPY OF THE LAND REVENUE EXTRACT ISSUED BY THE OFFICE OF THE 4TH RESPONDENT, DT. 18/05/1985.

EXT.P7 COPY OF THE LICENSE, DT. 4/8/1994. EXT.P7(A) COPY OF THE LICENSE, DT. 27/11/1995. EXT.P7(B) COPY OF THE LICENSE, DT. 30/6/1994. EXT.P8 COPY OF THE NOTICE OF DEMAND DT 01/10/1993. REAGARDING THE ASSESSMENT OF THE PROPERTY TAX OF THE BUILDING. EXT.P8(A) COPY OF THE NOTICE OF DEMAND DT 23061994. REAGARDING THE ASSESSMENT OF THE PROPERTY TAX OF THE BUILDING. EXT.P9 COPY OF THE JUDGMENT DT. 28/11/1996 IN O.P.NO.10306/1996.

EXT.P10 COPY OF THE NOTICE OF INTIMATION, DT.

24/7/1997 ISSUED BY THE OFFICE OF THE 4TH RESPONDENT.

EXT.P11 COPY OF THE G.O.(M.S.). NO. 415/97 RD DT. 9/6/1997

EXT.P12 COPY OF THE JUDGMENT IN O.P.NO.

21649/1997.

EXT.P13 THE COPY OF THE ORDER, DT. 5/11/2005. EXT.P14 COPY OF THE LETTER DT. 14/11/2012 ISSUED BY THE PRINCIPAL SECRETARY (LAND REVENUE).

EXT.P15 COPY OF THE RECEIPT, DT. 27/11/2012. EXT.P16 COPY OF THE PATTAYAM NO. B1.15627/11, L,A.2/12/AMBL, DT. 29/11/2012. EXT.P17 THE POSSESSION CERTIFICATE DT 25/2/2013.

EXT.P18 COPY OF THE BUILDING PLAN AND ESTIMATE. EXT.P19 COPY OF THE C.M.P NO.784/2014 BEFORE THE ENQUIRY COMMISSIONER SPECIAL JUDGE, KOZHIKODE.

EXT.P20 COPY OF THE QUICK VERIFICATION REPORT DT. 28/9/2013 BY THE INSPECTOR OF POLICE, VIGILANCE AND ANTI-CORRUPTION BUREAU, WAYANAD.

EXT.P21 JUDGMENT DT. 25/6/2015 IN WPC 1042/2014.

EXT.P22 COPY OF THE ORDER PASSED BY THE COURT OF ENQUIRY COMMISSIONER AND SPECIAL JUDGE, KOZHIKODE IN C.M.P NO.784/2014. EXT.P23 COPY OF THE LETTER DT. 23/9/2015 SENT BY THE ADDITIONAL CHIEF SECRETARY. EXT.P24 COPY OF THE LETTER, 19/1/2016, ISSUED BY THE 1ST RESPONDENT TO THE LAND REVENUE COMMISSIONER.