IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN FRIDAY, THE 21ST OCTOBER 2011 / 29TH ASWINA 1933 Crl.MC.No. 3241 of 2011() ------------------------- CC.101/2010 of CHIEF JUDICIAL MAGISTRATE COURT, MANJERI .................... PETITIONER(S): ACCUSED ---------------------- SAJNA MANZOOR, D/O. MUHAMMED HANEEFA, PULAMANTHOLA VALAPPIL, PURANGU.P.O, MARANCHERY, MALAPPURAM DISTRICT. BY ADV. SRI.P.VENUGOPAL (1086/92) RESPONDENT(S): DEFACTO COMPLAINANT AND STATE -------------------------------------------- 1. REVENUE DIVISIONAL OFFICER, TIRUR, MALAPPURAM DISTRICT - 676 121. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV.SRI.RAJESH VIJAYAN, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.MC.No. 3241 of 2011() APPENDIX PETITIONER(S) EXHIBITS : ANNEXURE-A-TRUE COPY OF THE DOCUMENT NO.1139/2006 OF SRO PONNANI, IN RESPECT OF THE PROPERTY OF THE PETITIONER. ANNEXURE-B-TRUE COPY OF THE COMPLAINT PREFERRED BY THE FIRST RESPONDENT BEFORE THE CJM COURT MANJERI ON 06/05/2010. ANNEXURE-C-TRUE COPY OF THE INFORMATION FURNISHED BY THE VILLAGE OFFICER, MARANCHERY, ON 18/08/2011 ANNEXURE-D-TRUE COPY OF THE INFORMATION FURNISHED BY THE SECRETARY, MARANCHERY GRAMA PANCHAYATH ON 03/08/2011 TO THE PETITIONER. RESPONDENTS' EXHIBITS : NIL //TRUE COPY// P.A.TO JUDGE ami/ N.K.BALAKRISHNAN, J. ------------------------------- Cr.M.C.No.3241 of 2011 ------------------------------- Dated this the 21st day of October, 2011. O R D E R The petitioner is the accused in C.C.No.101/10 on the file of CJM-Manjeri. The complaint was filed against him alleging offence under Section 23 of the KCPL & WL Act. It is alleged that the petitioner, in violation of the provisions of that Act filled up the paddy land and converted the land uncultivable or as a dry land. 2. Learned counsel for the petitioner submits that, though 'Local Level Monitoring Committee' was constituted and data-bank was also prepared, it was not published as required under Rule 4(iv)(2)(b) of the Rules. The report filed by the Officer shows that, it was published in the locality. Learned Public Prosecutor submits, on instructions, that the preparations of the data-bank was not published in the Kerala Gazette. As such, the prosecution initiated against the petitioner is unsustainable. 2 Cr.M.C.No.3241 of 2011 In the result, this petition is allowed. Further proceedings in C.C.No.101/10 on the file of CJM-Manjeri, is quashed. N.K.BALAKRISHNAN Judge. ami/