IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN MONDAY, THE 10TH OCTOBER 2011 / 18TH ASWINA 1933 Crl.MC.No. 3174 of 2011() -------------------------------------- C.C.NO.935/2010 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-II,KOCHI CRIME NO.952/2010 OF PALLURUTHY POLICE STATION, ERNAKULAM ------------------------------------ PETITIONER(S)/ ACCUSED ---------------------------------------- 1. MR.P.H.ASHRAF, AGED 46 YEARS, S/O.HASSAN HAJI, KALOOR PARAMBIL, ELAMKULAM VILLAGE, KALOOR, KOCHI-17. 2. MR.P.H.SHAJAHAN, AGED 38 YEARS, S/O.HASSAN HAJI, KALOOR PARAMBIL, ELAMKULAM VILLAGE, KALOOR, KOCHI-17. BY ADV. SRI.A.K.SRINIVASAN SRI.N.S.MOHAMED USMAN SRI.A.S.BENOY RESPONDENT(S)/ STATE --------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE SUB INSPECTOR OF POLICE, KOCHI KASBA POLICE STATION, PALLURUTHY. BY PUBLIC PROSECUTOR SRI.B.JAYASURYA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts CRMC.NO.3174/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEX 1 COPY OF THE FINAL REPORT IN CC NO.935 OF 2010 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT-II, KOCHI. ANNEX 2 COPY OF THE SALE DEED NO.5061/2008 OF KOCHI S.R.O. ANNEX 3 COPY OF THE SALE DEED NO.4976/2008 OF KOCHI S.R.O. ANNEX 4 COPY OF THE GAZETTE (EXTRA ORDINARY) PUBLISHED BY THE GOVERNMENT OF KERALA VOL.55 DATED 6/3/2010 WITH RESPECT TO THE LAND IN SY NO.112/1 OF EDAKOCHI VILLAGE. RESPONDENT'S ANNEXURES: NIL /TRUE COPY/ P.A.TO.JUDGE sts N.K.BALAKRISHNAN, J. -------------------------------- Crl.M.C. No.3174 of 2011 ----------------------------------- Dated this the 10th day of October 2011 O R D E R Petitioners are accused Nos.1 and 2 in C.C.No.935 of 2010 of J.F.C.M.-II, Kochi. The charge sheet was laid by the S.I. of Police, Palluruthy. The offences alleged against the petitioners are under Sec.7(1) a (ii) of the Land Utilisation Order 1967. The allegation is that a total extent of 39 cents comprised in Survey No.112/1 of Edakochi Village was originally registered as Nilam (paddy land) and out of the same 11 cents being the southern portion was filled up and converted by the accused as a residential plot against the prohibitions contained under the Land Utilisation Order. 2. The learned counsel for the petitioners would submit that this property was notified as a residential plot and the property was purchased by the petitioners as per the registered document in 2008 where also the property was described as residential plot. The learned Public Prosecutor would also submit that the report submitted by the Village Officer to the Crl.M.C. No.3174 of 2011 -: 2 :- Tahsildar would show that this property was originally registered as nilam. The property remained uncultivated and there are coconut trees and other improvements aged 30 years. So much so, the learned counsel for the petitioners is right in his submission that this property was not paddy land/nilam as mentioned in the charge sheet. The learned counsel would also submit that the provisions quoted in the charge sheet was also not correct. Whatever that be, since the property was notified as per the gazette notification as a residential plot and that there are coconut trees aged about 30 years, it cannot be held that it is nilam so as to attract the provisions of the Land Utilisation Order. As such the prosecution initiated against the petitioners as per Annexure-1 is to be quashed. In the result, this Crl.M.C. is allowed. Further proceeding pursuant to Annexure-1 is quashed. N.K.BALAKRISHNAN, J UDGE. Jvt