IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE B.P.RAY THURSDAY, THE 18TH DAY OF AUGUST 2011/27TH SRAVANA 1933 Crl.MC.No. 3158 of 2007 ( ) --------------------------- CC.1125/2006 of J.M.F.C.-III,NEYYATTINKARA PETITIONER(S)/ACCUSED 1 TO 5: ----------------------------- 1. M.M.ABDUL BASHEER, S/O. M.S.MUHAMMED, RESIDING AT MUCHETHU HOUSE, MALIKAPEEDIKA, V.C.AHAMMEDUNNI ROAD, VELIYATHUNADU WEST P.O., ALUVA-683 511, (DESCRIBED AS MUHAMMED BASHEER ALIAS MUHAMMED), DIRECTOR M.FAR HOTELS LTD., N.H.-47 BYPASS, MARADU P.O., KOCHI. 2. M.DIVAKARAN, SAI SADAN,KRISHNA GARDENS, CHANDRA NAGAR, PALAKKAD. (PROJECT C0-ORDINATOR, KOVALAM HOTELS LTD.). 3. SANTHOSHKUMAR,S/O. G.RAMACHANDRAN NAIR, T.C.27/1733, RISHIMANGALAM WARD, VANCHIYOOR VILLAGE, THIRUVANANTHAPURAM, (PROJECT MANAGER, KOVALAM HOTELS LTD.). 4. GURUDAS,T.C. 50/1286,RAVIMANGALAM, KONKALAM, THIRUMALA VILLAGE, THIRUVANANTHAPURAM. 5. STEPHEN,S.V.BHAVAN,CHOOZHAKUZHY CHEMMANNA VILA, KARODU VILLAGE, NEYYATTINKARA THIRUVANANTHAPURAM DISTRICT. BY ADVS.SRI.K.GOPALAKRISHNA KURUP (SR.) SRI.S.MANU SMT.K.DEEPA (PAYYANUR) Crl.MC.No. 3158 of 2007 ( ) RESPONDENT/COMPLAINANT: ----------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY ADV. SRI.K.A.JALEEL, AAG. THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 18-08-2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: DSV/- Crl.MC.No. 3158 of 2007 ( ) APPENDIX PETITIONERS' ANNEXURES: I COPY OF THE PROCEEDINGS DATED 23.5.2000 DISTRICT COLLECTOR, THIRUVANANTHAPURAM. II COPY OF THE REPORT OF THE VILLAGE OFFICER, VIZHINJAM DATED 18.12.1998 III COPY OF THE EXTRACT OF THE BASIC REGISTER OF THE VILLAGE OFFICER, VIZHINJAM IV COPY OF THE EXTRACT OF THE THANDAPER REGISTER IN VIZHINJAM VILLAGE V COPY OF THE SKETCH SHOWING THE ENTIRE AREA OF 64.4 ACRES AND BUILDINGS VI COPY OF THE GOVERNMENT ORDER DATED 25.9.2004 VII COPY OF THE ORDER DATED 28.9.2004 IN W.P(C) 28270/2004 VIII COPY OF THE ORDER DATED 1.10.2004 IN W.A.1796/2004 IX COPY OF THE FINAL REPORT FILED IN CRIME NO.46/2005 INCLUDING THE F.I.R. AND REPORTS X COPY OF THE BUILDING TAX ASSESSMENT REGISTER FOR THE PERIOD FROM 1993-1994 TO 1998-1999 OF THE VIZHINJAM GRAMA PANCHAYAT XI COPY OF THE REPORT OF TAHSILDAR, NEYYATTINKARA DATED 18.4.2002 RESPONDENT'S ANNEXURES: NIL //TRUE COPY// P.A.TO JUDGE DSV/- B.P. Ray, J. ==================================== Crl.M.C.No.3158/2007 ==================================== Dated this the 18th day of August, 2011. ORDER 1. Petitioners have been arrayed as accused in C.C.1125/2006 on the file of the Judicial Magistrate of the First Class-III, Neyyattinkara for alleged commission of offences punishable under Sections 109, 447, 427 and 379 read with Section 34 I.P.C. The prosecution case is that the petitioners have trespassed into the land belonging to the police department and cut and removed a coconut tree thereby committed the aforesaid offences. The first petitioner is the Managing Director of M.Far Hotels Limited. They purchased the land measuring about 64.5 acres and the buildings thereon from the India Tourism Development Corporation, a Central Government undertaking. Thereafter, the M.Far Hotels Limited was conducting a hotel in the said land and building. While so, steps were taken by the State Government to take over a portion of the land and building comprised in the said 64 acres. The said action is challenged by the M.Far Hotels before this Court which was ultimately quashed. The Crl.M.C.No.3158/2007 -:2:- Management of M.Far Hotels undertook some routine maintenance work in connection with the upkeep and maintenance of the Hotel. The Kovalam police registered a case suo moto against the petitioners alleging offences of trespass and theft. Final report was filed in the said case and cognizance was taken by the Magistrate referred above. Learned Additional Advocate General submits that the petitioners are the owners of the hotel. Therefore, no offence can be made out against the petitioners. Since the State Government's action to take over a portion of the land has been quashed by this Court, the petitioners, being the owners of the land, no offence can be made out against the petitioners for commission of theft of their own property. In that view of the matter, I direct that C.C.No.1125/2006 pending on the file of the Judicial Magistrate of the First Class-III, Neyyattinkara shall be treated as closed. Crl.M.C. is disposed of as above. sl. B.P. Ray, Judge.