IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN FRIDAY, THE 14TH OCTOBER 2011 / 22ND ASWINA 1933 Crl.MC.No. 2791 of 2011() ------------------------------------- CRIME NO.529/2011 OF ADIMALY POLICE STATION ---------------------- PETITIONER(S): ACCUSED ---------------------------------------- V.D.SURESH, S/O.DAMODHARAN, VARAKIL HOUSE, 9/67, RAIL ROAD, ALUVA, ERNAKULAM DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENT(S): STATE & COMPLAINANT ---------------------------------------------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, ADIMALY POLICE STATION-THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI, PIN-682 031. 2. THE VILLAGE OFFICER, MANNAMKANDAM VILLAGE, IDUKKI DISTRICT, PIN-685 561. R1 & R2 BY PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts CRMC.NO.2791/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEX A COPY OF THE BUILDING PERMIT ISSUED TO THE PETITIONER BY THE SECRETARY, ADIMALY GRAMA PANCHAYATH DATED, 8/12/2010. ANNEX B COPY OF THE COMPLAINT SUBMITTED BY THE 2ND RESPONDENT BEFORE THE FIRST RESPONDENT DATED, 3/6/2011. ANNEX C COPY OF THE ENGLISH TRANSLATION OF ANNEXURE B. ANNEX D COPY OF THE F.I.R. IN CRIME NO.529/2011 OF THE ADIMALY POLICE STATION DATED, 3/6/2011. ANNEX E COPY OF THE ENGLISH TRANSLATION OF ANNEXURE D. RESPONDENT'S ANNEXURES: NIL /TRUE COPY/ P.A.TO.JUDGE sts N.K.BALAKRISHNAN, J. -------------------------------- Crl.M.C. No.2791 of 2011 ----------------------------------- Dated this the 14th day of October 2011 O R D E R Petitioner is the accused in Crime No.529/2011 of Adimaly Police Station. The crime was registered alleging commission of offence punishable under Sec.3 r/w 23 of the Kerala Conservation of Paddy Land and Wet Land Act, 2008 (hereinafter referred to as 'Act'). The learned counsel for the petitioner submits that no Local Monitoring Committee was constituted or notified as required under Sec.5(4) of the Act. No Data Bank was also published showing the property in question as the one included in the said Data Bank. That apart, according to the learned counsel, the Police Officer cannot conduct investigation or register the F.I.R since the said enactment does not empower the Police Officer to register the F.I.R. The learned counsel would also draw the attention of this court to Sec.25 of the Act, Crl.M.C. No.2791 of 2011 -: 2 :- which says that the cognizance can be taken by the court only on a report in writing filed by the authorised officers under Sec.12 of the Act. As per Sec.12 of the Act, the authorised officers are the officers not below the rank of Revenue Divisional Officer. In view of what has been stated above, further proceeding in Crime No.529/2011 of Adimaly Police Station is quashed. But it is made clear that the authorised officer, if so advised can file a complaint, if there is no other legal impediment. N.K.BALAKRISHNAN, JUDGE. Jvt