LAWS(KER)-2012-12-101

ACHUTHANANDAN Vs. S V STATE OF KERALA

Decided On December 06, 2012
ACHUTHANANDAN Appellant
V/S
S V State Of Kerala Respondents

JUDGEMENT

(1.) PETITIONER , a former Chief Minister of the State, is presently the leader of Opposition in the Kerala Legislative Assembly. He has filed the above writ petition to quash Ext.P1 FIR registered by the Deputy Superintendent of Police, Vigilance and Anti Corruption Bureau, Kasaragod, wherein he is proceeded as the 1st accused with some others, for offences punishable under Section 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988, for short, the 'Act' and Sections 120B, 201 and 420 of the Indian Penal Code, for short, the 'IPC'.

(2.) IN ordering assignment of a piece of land in Kasaragod District in favour of 5th accused, a relative of the petitioner, and also further steps taken for relaxing the bar of alienability over such land, petitioner, then, Chief Minister, abused his official position and he had entered into a conspiracy with 5th accused, and some other public servants, including the Revenue Minister of his cabinet, to favour 5th accused violating the rules, and, later, after such assignment, in relaxing the conditions imposed for transfer of assigned land, to enable 5th accused to reap unlawful benefits, is the case imputed.

(3.) THE gist of the accusation imputed, formed on the basis of preliminary enquiry, revealed by Ext.P1 FIR is thus:Petitioner, while he was the Chief Minister, exerting his influence over revenue officials got an extent of 2.33 acres of land in R.S.No.111/2 and 111/5 of Maire Village in Kasaragod District assigned in favour of his relative (A5), who was not eligible for assignment of Government land. Order of assignment of land in favour of 5th accused was made with the active involvement of two District Collectors of Kasaragod (A6 and A7), both of them colluding with the petitioner (Chief Minister), and under his direction, and, thereby,