Kallingal Manzoor vs The Revenue Divisional Officer on 20 June, 2011

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Kerala High Court

Kallingal Manzoor vs The Revenue Divisional Officer on 20 June, 2011

Bench: Thomas P.Joseph

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 1730 of 2011()


1. KALLINGAL MANZOOR, S/O.KALLINGAL KOYA,
                      ...  Petitioner
2. KALLINGAL KHALID, S/O.KALLINGAL KOYA,

                        Vs



1. THE REVENUE DIVISIONAL OFFICER,
                       ...       Respondent

2. THE STATE OF KERALA, REPRESENTED BY

                For Petitioner  :SRI.K.P.SUDHEER

                For Respondent  : No Appearance

The Hon'ble MR. Justice THOMAS P.JOSEPH

 Dated :20/06/2011

 O R D E R
                  THOMAS P JOSEPH, J.

                 ----------------------------------------

                    Crl.M.C.No.1730 of 2011

                  ---------------------------------------

                Dated this 20th day of June, 2011

                               ORDER

Petitioners are accused in C.C.No.206 of 20101 of the Court of learned Chief Judicial Magistrate, Manjeri (for short, "the CJM") for offence punishable under Sec.23 of the Conservation of Paddy Land and Wetland Act, 2008 (Kerala) (for short, "the Act"). First respondent preferred a complaint dated 12.10.2010 against petitioners (Annexure-A) alleging that they converted 29cents of paddy land in R.S.No.177/1 of Thirunavaya Village and thereby committed offence as above stated. Petitioners contend that no data bank was published even on the date of complaint and hence no prosecution would lie under Sec.23 of the Act. Reliance is placed on the decision in Firose Vs. Revenue Divisional Officer, Malappuram and Anr. (2011(1) KHC 615). Learned counsel has invited my attention to Annexure-D, photocopy of letter dated 03.05.2011 issued from the Thirunavaya Grama Panchayath under the Right Information Act which states that no data bank was published under the Act (even as on 03.05.2011). Learned Public Prosecutor on getting instruction has submitted that a draft data bank was published in Thirunavaya Grama Crl.M.C.No.1730 of 2011 -: 2 :- Panchayath on 12.08.2010 but so far the data bank has not been published.

2. Sec.5(4)(i) of the Act requires a committee to be formed at various levels for preparation of data bank. Under the Rules framed under the Act a draft data bank is to be published at various levels inviting objections. Thereafter the final data bank is to be published. Under sec.23 of the Act, it is only when offence is committed in respect of land notified that prosecution would lie. This Court found so in Firose Vs. Revenue Divisional Officer, Malappuram and Anr. (supra). In the present case the Village Officer has given a statement signed on 14.05.2010 regarding alleged conversion. Hence assuming that the alleged conversion was prior to 14.05.2010, as submitted by learned Public Prosecutor the data bank has not so far been published in the manner prescribed, as required under Sec.5(4)(i) of the Act. If that be so, prosecution against petitioner cannot stand. It is liable to be quashed.

This criminal miscellaneous case is allowed. Cognizance taken and proceeding against petitioners in C.C.No.206 of 2010 of the Court of learned Chief Judicial Magistrate, Manjeri are quashed.

(THOMAS P JOSEPH, JUDGE) Sbna/-

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