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. 3224 of 2007 ( E ) --------------------------- CC.967/2006 of J.M.F.C.-III,NEYYATTINKARA. PETITIONER(S)/ACCUSED 1 TO 4: ---------------------------- 1. M.DIVAKARAN, SAI SADAN, KRISHNA GARDENS, CHANDRA NAGAR,(PROJECT CO-ORDINATOR, KOVALAM HOTELS LTD). 2. SANTHOSHKUMAR, S/O.G.RAMACHANDRAN NAIR, T.C.27/1733 RISHIMANGALAM WARD, VANCHIYOOR VILLAGE THIRUVANANTHAPURAM (PROJECT MANAGER, KOVALAM HOTELS LTD). 3. GURUDAS, T.C.50/1286, RAVIMANGALAM, KONKALAM, THIRUMALA VILLAGE, THIRUVANANTHAPURAM (CONTRACTOR). 4. STEPHEN, S.V.BHAVAN, CHOOZHAKUZHY, CHEMMANNA VILA, KARODU VILLAGE, NEYYATTINKARA THIRUVANANTHAPURAM DISTRICT. (CONTRACTING SUPERVISOR). BY ADVS.SRI.K.GOPALAKRISHNA KURUP (SR.) SRI.S.MANU SMT.K.DEEPA (PAYYANUR) COMPLAINANT(S)/COMPLAINANT: --------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY AAG SRI.K.A.JALEEL. THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 18-08-2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.MC.No. 3224 of 2007 ( E ) APPENDIX PETITIONER'S ANNEXURES :- ANNEXURE I : TRUE COPY OF THE PROCEEDINGS DATED 23-5-2000 DISTRICT COLLECTOR, THIRUVANANTHAPURAM. ANNEXURE II : TRUE COPY OF THE REPORT OF THE VILLAGE OFFICER, VIZHINJAM. ANNEXURE III : TRUE COPY OF THE EXTRACT OF THE BASIC TAX REGISTER OF THE VILLAGE OFFICE, VIZHINJAM. ANNEXURE IV : TRUE COPY OF THE EXTRACT OF THE THANDAPER REGISTER NO.17653 IN VIZHINJAM VILLAGE. ANNEXURE V : TRUE COPY OF THE SKETCH SHOWING THE ENTIRE AREA OF 64.4 ACRES AND BUILDINGS. ANNEXURE VI : TRUE COPY OF THE GOVERNMENT ORDER DATED 25-9-2004. ANNEXURE VII : TRUE COPY OF THE ORDER DATED 28-9-2004 IN W.P.(C) NO.28270/2004. ANNEXURE VIII: TRUE COPY OF THE ORDER DATED 1-10-2004 IN W.A.NO.1796/2004. ANNEXURE IX : TRUE COPY OF THE FINAL REPORT FILED IN CRIME NO.174/2004 INCLUDING THE F.I.R AND REPORTS. ANNEXURE X : TRUE COPY OF THE BUILDING TAX ASSESSMENT REGISTER FOR THE PERIOD FROM 1993-1994 TO 2998-1999 OF THE VIZHINJAM GRAMA PANCHAYAT. ANNEXURE XI : TRUE COPY OF THE REPORT OF TAHSILDARNEYYATTINKARA DATED 18-4-2002. RESPONDENT'S EXHIBITS : NIL. //TRUE COPY// P.A TO JUDGE amk B.P. Ray, J. ==================================== Crl.M.C.No.3224/2007 ==================================== Dated this the 18th day of August, 2011. ORDER 1. Petitioners have been arrayed as accused in C.C.967/2006 on the file of the Judicial Magistrate of the First Class-III, Neyyattinkara for alleged commission of offences punishable under Sections 444 and 427 read with Section 34 I.P.C. The prosecution case is that the petitioners have trespassed into the land belonging to the police department. The first petitioner was the Project Co-ordinator and the 2nd petitioner was the Project Manager 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 Management of M.Far Hotels undertook Crl.M.C.No.3224/2007 :-2-: 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.967/2006 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.