RAMACHANDRAN NAIR Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioners are accused Nos.1, 7, 8, 10 and 11 in Annexure-II First Information Report[FIR] in Crime No.1339/2018 of Cherthala Police Station registered under Sections 183 and 188 of the Indian Penal Code,1860 and Section 7 of the Kerala Land Conservancy Act, 1957(for short, 'the Act'). They seek to quash Annexure-II FIR on the ground that the continuance of the proceeding will result in abuse of the process of law.

(2.) The prosecution allegation against the petitioners and co-accused is that on 24.05.2018, they encroached into the 'Thodu Purampokku' in Survey No.252/7 of Vadakku village in Cherthala Municipality belonging to the State and reclaimed the land, violating the provisions of the Act.

(3.) The contention taken by the petitioners is that the 'Thodu Purampokku' stood vested with Cherthala Municipality in terms of Section 208A of the Kerala Municipality Act, 1994 and therefore, if at all there is any encroachment also, the authority to proceed against the petitioners is none other than the Municipality.