IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 20TH JUNE 2011 / 30TH JYAISHTA 1933 Crl.MC.No. 1730 of 2011() -------------------------------------- CC.NO. 206/2010 of CHIEF JUDICIAL MAGISTRATE COURT, MANJERI .................... PETITIONER(S): ACCUSED: ---------------------------------------- 1. KALLINGAL MANZOOR, S/O.KALLINGAL KOYA, AGED 20 YEARS, KALLINGAL HOUSE, VAIRANGODE POST, PALLAR, TIRUR, MALAPPURAM DISTRICT. 2. KALLINGAL KHALID, S/O.KALLINGAL KOYA, AGED 18 YEARS, DO. DO. BY ADV. SRI.K.P.SUDHEER RESPONDENT(S): DEFACTO COMPLAINANT & STATE: --------------------------------------------------------------------------------- 1. THE REVENUE DIVISIONAL OFFICER, TIRUR-676 101, MALAPPURAM DISTRICT. 2. THE STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. R1 & R2 BY PUBLIC PROSECUTOR SRI.V.MANU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts CRMC.NO.1730/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEX.A: COPY OF THE COMPLAINT DATED 12/10/2010 FILED BEFORE THE CHIEF JUDICIAL MAGISTRATE'S COURT, MANJERI (CC.NO.206/2010) ALONG WITH THE WITNESS LIST, DOCUMENT LIST AND THE MAHAZAR PREPARED BY THE FIRST RESPONDENT. ANNEX.B: COPY OF THE SETTLEMENT DEED REGISTERED AS DOC.NO.2213/2009 DATED 01/06/2009. ANNEX.C: COPY OF THE APPLICATION DATED 28/04/2011 SUBMITTEDBY THE PETITIONER'S FATHER BEFORE THE PUBLIC INFORMATION OFFICER, THIRUNNAVAYA GRAMA PANCHAYAT. ANNEX.D: COPY OF THE REPLY DATED 3/5/2011 ISSUED BY THIRUNNAVAYA GRAMA PANCHAYAT TO THE PETITIONER'S FATHER. RESPONDENT'S ANNEXURES: NIL /TRUE COPY/ P.A.TO.JUDGE sts 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/-