Kerala High Court
Dr. P.A. Nazar vs State Of Kerala on 12 September, 2025
2025:KER:67828
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
FRIDAY, THE 12TH DAY OF SEPTEMBER 2025 / 21ST BHADRA, 1947
CRL.MC NO. 2859 OF 2025
CRIME NO.18/2016 OF VACB, KOZHIKODE
IN C.C. NO.13 OF 2023 ON THE FILES OF THE ENQUIRY COMMISSIONER AND
SPECIAL JUDGE (VIGILANCE), KOZHIKODE
PETITIONER/4TH ACCUSED:
DR. P.A. NAZAR
AGED 58 YEARS
(WRONGLY SHOWN AS DR. ABDUL NAZAR P.A. IN THE FINAL REPORT),
S/O. MUHAMMED HAJI, MANAGING DIRECTOR, AL IRSHAD CHARITABLE
SOCIETY, RESIDING AT 'AEROBIC', KARAD, FAROOK COLLEGE POST
KOZHIKODE DISTRICT, PIN - 673632
BY ADVS.
SRI.P.K.SURESH KUMAR (SR.)
SHRI.K.P.SUDHEER
SHRI.SHERRY M.V.
RESPONDENT/COMPLAINANT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
PIN - 682031
SPL PP VACB - SRI.RAJESH A., SR PP VACB - SMT.REKHA S.
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 20.08.2025,
ALONG WITH CRL.M.C.NO.1244/2025, THE COURT ON 12.09.2025 PASSED THE
FOLLOWING:
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2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
FRIDAY, THE 12TH DAY OF SEPTEMBER 2025 / 21ST BHADRA, 1947
CRL.MC NO. 1244 OF 2025
CRIME NO.VC 18/2016 OF VACB, KOZHIKODE
IN C.C. NO.13 OF 2023 ON THE FILES OF THE ENQUIRY COMMISSIONER AND
SPECIAL JUDGE (VIGILANCE), KOZHIKODE
PETITIONER/3RD ACCUSED:
ABDUL SALEEM M.
AGED 46 YEARS
S/O. POKKAN, RESIDING AT MURATTUMMAL HOUSE, PADANILAM,
KUNNAMANGALAM P.O, KOZHIKODE, PIN - 673570
BY ADVS.
SRI.R.SUDHISH
SMT.M.MANJU
SHRI.MITHUN P.
SMT.MERIN THOMAS
RESPONDENT/COMPLAINANT (STATE):
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682031
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON
20.08.2025, ALONG WITH CRL.M.C.NO.2859/2025, THE COURT ON 12.09.2025
PASSED THE FOLLOWING:
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3
COMMON ORDER
Dated this the 12th day of September, 2025
Crl.M.C. No.1244 of 2025 has been filed under Section
528 of the Bharatiya Nagarik Suraksha Sanhita, 2023
[hereinafter referred as 'BNSS' for short] by the 3 rd accused
in C.C. No.13/2023 on the files of the Court of the Enquiry
Commissioner and Special Judge, Kozhikode, arose out of
Crime No.VC 18/2016/KKD of VACB, Kozhikode Unit , seeking
quashment of Annexure.A1 Final Report and all further
proceedings as against him, in the said case.
2. Crl.M.C. No.2859 of 2025 is at the instance of the
4th accused in the same case, seeking quashment of all
further proceedings as against him, in the said case.
3. Heard the respective counsel for the petitioners
as well as the learned Public Prosecutor, in detail. Perused
the prosecution records as well as the records produced
along with these petitions.
4. Parties in these petitions shall be referred as
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'accused/petitioners' and 'prosecution', hereafter.
5. The prosecution case is that, 1 st accused, who
served as the secretary of Farook Grama Panchayat from
22.08.2011 to 03.07.2013 and the 2 nd accused, who held
the same position from 30.07.2014 to 05.08.2015, and the
3rd accused who was serving as the Assistant Engineer in
the said Grama Panchayath from December, 2011 to
October, 2012, along with the 4th accused, who was the
Managing Director of Irshad Charitable Society, have
conspired together to build a nursing college without proper
building permit and accused 1 and 3, without any public
interest and without complying the legal procedures,
violated the building rules and the 3 rd accused has
recommended the construction of the building without
inspecting and examining the width of the road required as
per the rules. Further allegation is that, the 1 st accused
without proper inspection and contrary to the order of this
Court to give provisional building number, have provided a
permanent building number and the 3rd accused has also
not collected the required building Tax and caused wrongful
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loss to the government and wrongful gain to the 4 th
respondent. On this premise, the prosecution alleges
commission of offences punishable under Sections 13(1)(d)
read with 13(2) of the Prevention of Corruption Act, 1988
[hereinafter referred as 'P.C. Act' for short] as well as under
Section 120B of the Indian Penal Code.
6. While canvasing quashment, it is submitted by
the learned counsel for the 3 rd accused that, the 3rd accused
has been roped into this crime merely on the basis of the
recommendation made by him, as could be seen from the
report of the Building Inspector, form part of Annexure-A1,
whereby he recommended construction as per the plan
produced, after inspecting the plot with details of
description and boundaries. It is pointed out by the learned
counsel for the 3rd accused further that, even thereafter,
during the time of investigation, a joint site inspection was
conducted by Sri.K.V. Abdul Malik, Town Planner, Kozhikode
and Sri.Vijith Vijayan, Assistant Town Planner Office of the
Town Planner, Kozhikode, in the presence of the Dy.S.P.
(Vigilance) on 16.02.2018 and as per the said report also
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what was found is that, the as built measurements of the
building was taken at site were not in much variance from
the submitted drawings and did not amount violation of
building Rules. Further, the width of the road giving access
to the plot was measured and was found to be only 2.7
meter (contrary to 5.5 meter as stated in the submitted
drawings).
7. In this context, it is submitted by the learned
counsel for the 3rd accused that, mere dereliction of duty or
laches in verifying the field by the 3 rd accused, would not
amount to criminal misconduct, to attract offences
punishable under Section 13(1)(d) read with 13(2) of the
P.C. Act, against him. The learned counsel for the 3 rd
accused also relied on the documents placed by the
learned counsel for the 4th accused in the Crl.M.C.
No.2859/2025, to substantiate the fact that, subsequently
by intervention of this Court through various orders and as
per the decision taken in the Adalath, occupancy certificate
and building certificate were issued to the building, on
finding that there was no violation in the construction. The
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learned counsel for the 3rd accused placed decisions of this
Court in Surendranath C. v. State of Kerala reported in
[2024 (2) KHC 134 : 2024 KHC OnLine 33 : 2024 KER
3760] and Chandrababu S. v. State of Kerala reported
in [2025 KHC OnLine 759 : 2025 KHC 759 : 2025 KLT
OnLine 2382], to contend that, when the prosecution
materials do not suggest any pecuniary loss to the
Government or gain to the accused or any other persons,
prima facie, none of the offences under Sections 13(1)(c) or
13(1)(d) of the P.C. Act, would attract. Therefore, none of
the offences alleged by the prosecution would attract
against the 3rd accused and the proceedings against him in
the instant case are liable to be quashed.
8. Supplementing the arguments advanced by the
learned counsel for the 3rd accused, the learned counsel for
the 4th accused submitted that, when the 4 th accused
approached this Court earlier, by filing W.P.(C)
No.15333/2015, as per the interim order dated 26.05.2015,
this Court directed the respondent Secretary, Feroke Grama
Panchayat, to number the building provisionally and issue
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occupancy certificate within a period of one week.
Thereafter, the writ petition itself was disposed of as per
Annexure-A16 judgment dated 06.02.2024 and thereby,
Ext.P9 therein was set aside, with direction to the petitioner
therein/4th accused herein to file application for completion
certificate before the Feroke Municipality (by the time,
Panchayat transferred as Municipality), within three weeks
from the date of receipt of judgment and the Secretary was
directed to consider the same and pass appropriate order,
within a period of two months from the date of receipt of
application, in the light of the fact that provisional number
was already issued to the petitioner therein.
9. It is submitted by the learned counsel for the 4 th
accused further that, despite the direction of this Court, no
action taken by the Secretary. Accordingly, the 4 th accused
moved before the Adalath at the instance of the Minister,
Local Self Government and as per the order dated
06.09.2024, a direction was issued to the Secretary, Feroke
Municipality, to issue occupancy certificate to the building,
if it was found that the construction was not against Kerala
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Panchayat Building Rules, 2011. According to the learned
counsel for the 4th accused, Annexure-A17 is the order so
passed in the Adalath and on the basis of Annexure-A17,
Annexure-A18 occupancy certificate or use certificate was
issued on 18.09.2024 and Annexure-A19 building certificate
also was issued.
10. It is on this premise, the learned counsel for the
petitioners vehemently argued that, since the permanent
number and occupancy certificate were issued in respect of
building under construction, ruling out the possibility of any
violation of the building Rules, merely on the ground that,
the way shown therein was in shortage i.e. 2.7 meter
instead of 5.5 meter, the offences alleged by the
prosecution would not attract as against the petitioners.
Therefore, these petitions are liable to succeed.
11. The learned Public Prosecutor zealously opposed
the contentions raised by the learned counsel for the
petitioners and submitted that there is clear violation of
building Rules, at the instance of the petitioners/accused
Nos.3 and 4 in this case and the same could not be
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considered as mere laches, warranting disciplinary
proceedings, leaving the complicity of the petitioners
outside the ambit of misconduct, provided under Section
13(1)(d) of the P.C. Act. Thus, the quashment prayer sought
by the petitioners is liable to fail.
12. On perusal of the prosecution records, at par with
the joint report, pointed out by the learned counsel for the
3rd accused, in page No.257 of Crl.M.C. No.1244/2025, it has
been observed as under:
We have introduced ourselves to Smt R.
Arul Malar, Principal, Red Crescent college of
Nursing and sought permission to take
measurements in the premises.
Sri Hassan P.K watchman of the College
accompanied the team during measurements.
The as built measurements of the building was
taken at site which are not in much variance
from the submitted drawings and do not
amount to violation of building rules. Further
the width of road giving access to the plot was
measured and was found to be only 2.7m
(Contrary to 5.5m as stated in the submitted
drawings).
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Sri. Ummer, PRO of Red Crescent Nursing
College and Sri Rasheed A, Administrator of
Red Crescent Nursing College visited the team
during the inspection.
Based on the scrutiny of the records in
the VACB unit Kozhikode and the physical
verification at site, the following irregularities
were found.
(1) Even though, it is mentioned in the
drawings that the application is for the permit
for construction of an Educational building
other than professional Educational building,
on physical verification it was found that a
Nursing College is functioning from the
premises. Due to this the permit Issued by the
Panchayath becomes void since professional
Educational institutions with more than 2000
m² of floor area requires layout approval from
the Chief Town planner (The total area of the
building under Consideration is 2759.05 ㎡ )
prior to the issue of building permit by the
Panchayath Secretary. This violates Kerala
Panchayat Building Rules-2011, rule 56(1)a.
(2) The width of road giving access to the
plot is found to be 2.7m. As per KPBR-2011,
rule 37(1), a building under educational
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occupancy and having floor area of more than
300 m² in each floor requires access width of
5m. So, the building under consideration
violates rule 37 (1).
13. That apart, in the same report, it has been
observed further as under:
(3) Even though, the completed building
is allotted with door number, no building tax is
seemed to be collected from the owner of the
building.
(4) Due to irregularities 1 and 2, the
permit issued earlier is void and the building
has to be treated as unauthorized. No
proceedings are initiated against the un
authorized construction under Kerala
Municipality Act-1994.
14. Going by the prosecution allegations, at par with
the joint report extracted herein above, as far as the plan
submitted to get permit for construction of the building is
concerned, the measurements of the building taken at site
are not in much variance from the submitted measurements
and do not amount to violation of building Rules. But, the
irregularities pointed out as 1 to 3 as extracted hereinabove
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also were found in the inspection. The joint report would also
suggest that, as the total area of the building under
construction is 2759.05 m2, the same requires layout
approval from the Chief Town Planner, since Professional
Educational Institutions with more than 2000 m 2 of floor area
requires layout approval from the Chief Town Planner, prior
to issue of building permit by the Panchayat Secretary.
Further, the width of the road available is only 2.7 meter as
against the requirement of 5.5 meter. Thus, the joint
inspection found that, Rule 56(1)a and 37(1) of the Kerala
Panchayat Building Rules, 2011, have been violated.
15. In this context, it is submitted by the learned
counsel for the 4th accused that, the intention behind the
construction is to do social service and imparting education
to the society in general. According to the learned counsel
for the 4th accused, it was noticed during the start of
construction and filing of application for permit that the
width of the way available to the building is only 2.7 meter
and accordingly, 5 cents of property abutting the way was
purchased to provide pathway to the tune of 5.5 meter. But,
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unfortunately, the property so purchased happened to be
included under the category of wetland in the data bank
under the Kerala Conservation of Paddy Land and Wetland
Act, 2008 [hereinafter referred as 'the Act, 2008' for short]
and request made for lifting the said property from the
category of wetland in data bank is still pending, despite the
specific direction issued by this Court.
16. According to the learned counsel for the 4 th
accused, now, the educational institution has been running
and by issuance of occupancy certificate and building
certificate, the anomaly, if any, deemed to have been
regularized in tune with the directions issued by this Court.
The learned counsel for the 4 th accused given emphasize to
Annexure-A14 judgment of this Court in W.P.(C)
No.32083/2015, whereby this Court directed to maintain
status quo, with direction to the Local Level Monitoring
Committee to find out whether the property purchased for
widening the pathway could be classified as wetland as on
the date of enactment of the Act 28 of 2008. Subsequently,
as per Annexure-A15 judgment in W.P.(C) No.39869/2016,
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this Court considered the definition of paddy land and
wetland with reference to Sections 2(xii) and 2(xvii) of the
Act, 2008 and finally, Ext.P13 order therein, passed by the
Local Level Monitoring Committee was quashed and the
Revenue Divisional Officer was directed to reconsider the
application filed by the petitioner therein/4 th accused, in
consideration of the reports filed by the Local Level
Monitoring Committee. Anyhow, the property not so far
removed from the status of wetland as per the data bank
and a decision is yet to be taken by the Revenue Divisional
Officer.
17. According to the learned Public Prosecutor, if at all,
occupancy certificate and building certificate were issued,
the same would not absolve the penal consequence against
the accused and if the occupancy certificate and building
certificate were issued in violation of the Building Rules, the
persons behind issuance of the same are liable to be
prosecuted, as per law.
18. Coming to the factual aspects involved, the 4 th
accused constructed an educational institution building in
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300.21 cents of land in Feroke Panchayat and started
running a nursing college. When he faced difficulty in
completing the construction of the building for various
reasons, he periodically approached this Court and this Court
passed orders, so as to address the grievance of the
petitioner/4th accused to get the construction of the building
completed and rectified. It is brought to the notice of this
Court that, as per the joint report submitted by the
Investigation team, violation of Rules 56(1)(a) and 37(1) of
the Kerala Panchayat Building Rules, 2011, were noted.
Anyhow, by issuance of occupancy certificate and building
certificate, after considering the variations in the
measurements in the submitted plan and the measurement
taken during site inspection, it could not be held at this stage
that, the building was constructed in violation of any building
Rules and there is bonafide attempt on the part of the 4 th
accused to provide pathway to the building, by purchasing 5
cents of property, after getting the same removed from the
category of wetland in the data bank under the Act, 2008.
19. As of now, the building construction was ratified
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and completed, that too for running an educational
institution to provide sufficient number of nursing staff to
protect the health issues of the public at large. In such a
case, there is no reason to proceed with the prosecution
against the petitioners herein/accused Nos.3 and 4, in the
facts and circumstances discussed herein above. Therefore,
the case as against accused Nos.3 and 4 are liable to be
quashed.
20. Holding so, these petitions stand allowed and all
further proceedings pursuant to Final Report in Crime No.VC
18/2016/KKD of VACB, Kozhikode Unit, now pending as C.C.
No.13/2023 on the files of the Court of the Enquiry
Commissioner and Special Judge, Kozhikode, stand quashed
as against the petitioners/accused Nos.3 and 4.
Registry is directed to forward a copy of this order to
the Special Court, forthwith, for information and further
steps.
Sd/-
A. BADHARUDEEN
JUDGE
SK
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PETITIONER ANNEXURES
ANNEXURE A 1 CERTIFIED COPY OF THE FIRST INFORMATION REPORT
DATED 03/10/2016 IN VC/18/2016/KKD OF VACB,
KOZHIKODE.
ANNEXURE A 2 TRUE COPY OF THE FINAL REPORT DATED 30.6.2023
IN C.C. NO. 13 OF 2023 ON THE FILE OF THE
ENQUIRY COMMISSIONER AND SPECIAL JUDGE,
KOZHIKODE.
ANNEXURE A 3 TRUE COPY OF BUILDING PERMIT BEARING NO. A4-
18712/11 DATED 06/03/2012 ISSUED BY THE FEROKE
GRAMA PANCHAYAT.
ANNEXURE A 4 TRUE COPY OF ORDER DATED 10/10/2012 IN WP(C)
NO. 23435 OF 2012 PASSED BY THIS HONOURABLE
COURT.
ANNEXURE A 5 TRUE COPY OF JUDGEMENT DATED 11/12/2013 IN
W.P. (C) NO. 23435 OF 2012 PASSED BY THIS
HONOURABLE COURT.
ANNEXURE A 6 TRUE COPY OF ORDER DATED 18/03/2015 ISSUED BY
THE NATIONAL GREEN TRIBUNAL, SOUTHERN ZONE,
CHENNAI IN APPLICATION NO. 143 OF 2013 (SZ)
(THC) (W.P. (C) NO 24090 OF 2012, HIGH COURT
OF KERALA).
ANNEXURE A 7 TRUE COPY OF MODIFIED BUILDING PERMIT NO. A4-
18712/11 DATED 06.03.2012 ISSUED BY THE
SECRETARY OF FEROKE GRAMA PANCHAYATH
ANNEXURE A 8 TRUE COPY OF LETTER BEARING NO. A4. 4727/13
DATED 18.3.2014 ISSUED BY THE SECRETARY OF
FEROKE GRAMA PANCHAYATH TO THE PETITIONER
ANNEXURE A 9 TRUE COPY OF LETTER NO. C1-1285/2014 DATED
23.7.2014 ISSUED BY THE REGIONAL TOWN PLANNER,
KOZHIKODE TO THE SECRETARY, FEROKE GRAMA
PANCHAYAT.
ANNEXURE A 10 TRUE COPY OF NOTICE BEARING NO. A4/11932(4)/14
DATED 30.10.2014 ISSUED BY THE SECRETARY OF
FEROKE GRAMA PANCHAYAT TO THE PETITIONER.
ANNEXURE A 11 TRUE COPY OF JUDGMENT DATED 25.11.2014 IN
WP(C) NO. 31428/2014 PASSED BY THIS HONOURABLE
COURT.
ANNEXURE A 12 TRUE COPY OF ORDER DATED 26.5.2015 IN WP(C)
NO. 15333/2015 PASSED BY THIS HONOURABLE
COURT.
ANNEXURE A 13 TRUE COPY OF INTERIM ORDER DATED 20.10.2015 IN
WP(C) NO. 32083 OF 2015 PASSED BY THIS
HONOURABLE COURT.
ANNEXURE A 14 TRUE COPY OF JUDGMENT DATED 7.12.2015 IN WP(C)
NO. 32083 OF 2015 PASSED BY THIS HONOURABLE
COURT.
ANNEXURE A 15 TRUE COPY OF JUDGEMENT DATED 14/10/2022 IN
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W.P. (C) NO. 39869 OF 2016 PASSED BY THIS
HONOURABLE COURT.
ANNEXURE A 16 TRUE COPY OF JUDGEMENT DATED 06/02/2024 IN
W.P. (C) NO. 15333 OF 2015 PASSED BY THIS
HONOURABLE COURT
ANNEXURE A 17 TRUE COPY OF DETAILS OF THE COMPLAINT FILED BY
THE PETITIONER BEFORE THE ADALATH AND THE
DECISION TAKEN THEREON.
ANNEXURE A 18 TRUE COPY OF OCCUPANCY CERTIFICATE DATED
18.9.2024 ISSUED BY FEROKE MUNICIPALITY.
ANNEXURE A 19 TRUE COPY OF BUILDING CERTIFICATE NO. PTBC-
01139605-2024 DATED 08.10.2024 ISSUED BY
FEROKE MUNICIPALITY.
ANNEXURE A 20 TRUE COPY OF BUILDING CERTIFICATE NO. PTBC-
01139619-2024 DATED 08.10.2024 ISSUED BY
FEROKE MUNICIPALITY
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PETITIONER ANNEXURES
Annexure A1 CERTIFIED COPY OF THE FINAL REPORT IN ACCUSED
CRIME NO. VC 18/2016/KKD OF VACB KOZHIKODE
UNIT DATED 30.6.2023
Annexure A2 TRUE COPY OF THE JUDGMENT IN W.P.(C) NO. 23435
OF 2012 DATED 06.02.2024
