ASHOKAN, Vs. STATE OF KERALA

JUDGEMENT

(1.) Heard the learned Counsel for the petitioner and the learned Public Prosecutor.

(2.) The wife of the Ist petitioner had a property having an extent of 19.5 cents in Sy. No. B10C/4-131 of Mundakkal Village, Kollam District. The office of the District Superintendent of Police is situated on the southern side of the said property. The first petitioner's wife wanted to put up a residential apartment in the said property. For the said purpose she applied for a building permission before the Corporation of Kollam. As per Annexure -3 order dated 8-2-2008 the Corporation granted permission to the first petitioner's wife to put up a building in her property. Since the branches of a vaka tree standing in the property of the District Superintendent of Police, were overhanging the above property, she had sought permission to cut and remove the branches of the tree without which it was not possible for her to put up the building in the property. Annexure 4 is the application filed by her before the Superintendent of Police. As per Annexure 5 letter dated 6-3-2008 the District Superintendent of Police had requested the Executive Engineer, P.W.D., Kollam to initiate necessary steps to cut and remove the branches overhanging the aforesaid property. Thereafter the Executive Engineer requested for permission to the Assistant Forest Conservator, Social Forestry Division, Kollam to cut and remove the branches of the tree. Annexure 7 is the consent letter given by the Assistant Conservator of Forest, Social Forestry Division, Kollam to the Assistant Engineer, P.W.D. Building Section, Kollam for cutting and removing the overhanging branches of the tree in question. Based on the consent, the first petitioner entrusted the 2nd petitioner/contractor to cut and remove the branches and accordingly, the 3rd petitioner who is an employee of the second petitioner cut and removed the six branches. According to the petitioner's Counsel after the new Superintendent of Police took charge of his office, at his instance the Assistant Sub Inspector of Kollam East Police Station registered a suo motu case as Crime No. 793 of 2008 of Kollam East Police Station against the petitioners for offences punishable under Sections 447 and 427 read with Section 34 I.P.C. on the allegation on on 21-7-2008 at 3.20 p.m. accused Nos. 2 and 3 on the instigation of the first accused criminally trespassed into the compound of the District Superintendent of Police, Kollam and cut and removed the branches of the vaka tree standing inside the compound causing a loss to the tune of Rs. 8,000/-. The case after investigation was charge-sheeted by the police and is now pending before the J.F.C.M. II, Kollam as C.C. No. 1844 of 2009.

(3.) Since the act of entering the above compound of the office of the District Superintendent of Police and cutting and removing the branches of the vaka tree was pursuant to a valid permission granted by the authorities concerned including the Forest Department and Public Works Department, it cannot be said that there was any act of criminal trespass or mischief committed by the petitioners. The prosecution of the petitioners is ill-founded and it will be an abuse of the process of the Court to allow this prosecution to be proceeded with. Accordingly, C.C. No. 1844 of 2009 on the file of the J.F.C.M. II, Kollam shall stand quashed.