VARGHESE A M Vs. GOVERNMENT OF KERALA

JUDGEMENT

(1.) Question raised for a decision in this petition is whether cases pending in the criminal courts in the State with reference to the lands in 'Munnar area' would stand transferred to the Tribunal constituted under the Munnar Special Tribunal Act, 2010 (for short, "the Tribunal Act") .

(2.) Petitioner is accused in C.C. Nos. 49 of 2009, 50 of 2009, 51 of 2009, 52 of 2009, 53 of 2009 and 54 of 2009 on the file of the Enquiry Commissioner and Special Judge, Kottayam (for short, "the Special Judge"), C.C. No. 171 of 2005 of the court of learned Judicial First Class Magistrate, Devikulam and Crime No. 121 of 2005 of Pala Police Station. Of the above, Crime No. 121 of 2005 of Pala Police Station and C.C. No. 171 of 2005 of the court of learned Judicial First Class Magistrate, Devikulam are cases instituted on complaints preferred by the aggrieved persons while, the other cases are charge sheeted by the Vigilance and Anti Corruption Bureau alleging various offences under the Prevention of Corruption Act (for short, "the Act") and the Indian Penal Code (for short, "the Code"). The gist of allegations in C.C. No. 171 of 2005 and Crime No. 121 of 2005 is that Petitioner transferred Government lands making the complainants believe that he has absolute title over it, received sale consideration and thereby cheated the complainants. In the cases pending before the Special Judge it is alleged that some of the accused who were officials in the Registration Department in furtherance of their common intention with other accused created documents in respect of Government land as if it were private property for illegal consideration, such properties were assigned to the assignees there under and thereby committed offences punishable under the Act and Code. Contention raised by learned Counsel for Petitioner is that in view of the Tribunal Act there is an automatic transfer of the said cases to the Tribunal as that Tribunal alone has jurisdiction to decide the dispute whether the lands involved in the said cases and coming within Munnar area are Government lands. Learned Counsel has referred me to Sections 4 and 5 of the Tribunal Act. In response it is contended by learned Public Prosecutor that "dispute" referred to in the Tribunal Act is dispute of a civil nature as to the ownership, possession and use etc., of property involved which hitherto were to be adjudicated by the Civil Court in accordance with the procedure laid down in the Code of Code of Civil Procedure (for short, "the C.P.C.") and hence criminal cases even if it pertained to Government lands in Munnar area do not stand transferred to the Tribunal as the Tribunal has no jurisdiction to entertain or adjudicate criminal cases. Learned Public Prosecutor has referred me to Sections 7 and 10 of the Act and the definition of 'Court' and 'Dispute' in Section 2(c) and (d) of the Tribunal Act. It is also contended that even with respect to cases friable by the Tribunal, it is for the courts concerned to transfer the cases to the Tribunal as there is an automatic transfer. My attention is brought to the decision of the Division Bench of this Court in (Kantian Devan Hills Plantations Co. Pvt. Ltd. v. State of Kerala and Ors., 2010 4 KerLT 24) in support of that contention.

(3.) I shall refer to the provisions of the Tribunal Act to understand the rival contentions. Section 4 of the said Act reads: