STATE OF KERALA Vs. RAMESH CHENNITHALA, MLA

JUDGEMENT

(1.) The State, represented by the Director, Vigilance and Anti Corruption Bureau,assails Annexure-C order of the Enquiry Commissioner and Special Judge, Thiruvananthapuram, by which the Special Judge directed the VACB to conduct a preliminary enquiry into the allegations raised in Crl.M.P.242/2020, filed by the first respondent herein and to file report within 40 days.

(2.) The entire facts as is discernible from the records produced in the revision and the records produced by the first respondent is narrated as follows;

(3.) The first respondent herein is the leader of opposition in the Kerala Legislative Assembly. The second respondent is the District Collector, Pathanamthitta, who is also the Chairman of District Disaster Management Authority. The third respondent is the former Chief Secretary of the State of Kerala and the 4 th respondent is the Managing Director of Kerala Clays and Ceramic Products Ltd. Kannur., a public limited company, wholly owned and controlled by Government of Kerala. During the unprecedent rains in August 2018, huge quantity of sand got Crl.R.P.No.571 12020 deposited in Pampa-Triveni Sangamam in Pathanamthitta area. According to the complainant, the Forest and Wild Life Department is the custodian of sand and silt accumulated in the river and its disposal requires approval of the Central Government. The Central Government, by F.No.8-2/19/FC dtd. 26/2/2019 had granted one time permission for removal of sand and silt accumulated at Pampa-Triveni area, subject to certain conditions. Accordingly, the Principal Conservator of Forest made an assessment of the sand accumulated at Pampa alone as 90,000 M3. Government by various Orders issued through the Forest and Wild Life Department, during the period May 2019, granted sanction to remove and sell a quantity of 5000 M3 of sand through e auction , 50,000 through direct sale and 20000 M3 of sand, free of cost to Travancore Devaswom Board for construction at Nilakkal Base camp. According to the first respondent, based on the orders of the State Forest Department and the Central Government, Principal Chief Conservator of Forest tried for bulk sale through e-auction fixing seigniorage rate at Rs/2777M3. But none participated in the e-auction. Thereafter, with the permission of the Government, sale was ordered to be conducted at a lesser rate of DSR 2016. According to the first respondent, however, till 2019 November, the Travancore Devaswom Board removed only a very limited quantity of sand. At the same time, the Forest Department was waiting for approval of the Chief Secretary regarding certain proposed changes. While so, the Chief Secretary along with some officials and the State Police Chief is Crl.R.P.No.571 12020 alleged to have travelled to Pampa, on the eve of his demitting the office and allegedly gave instructions to the District Collector to permit Kerala Clays and Ceramic Products, Kannur, to remove sand, free of cost. Accordingly, the District Collector, in exercise of his powers as the Chairman of the Disaster Management Committee, issued Annexure B order on 30/5/2020, directing the removal of debris deposited at Pampa Triveni area during unprecedented rain and deluge in 2018. It was issued in exercise of the powers of the District Collector as the Chairman, Disaster Managing Committee, by invoking sec. 34 (d) of the National Disaster Management Act 2005. It was stated therein that, during the above period of unprecedented rain and deluge , debris got accumulated at a length of 2290 meter and it was liable to be urgently removed to ensure that the free flow of Pampa river was restored , to increase the capacity of the river and to avoid floods in future. It permitted the Kerala Clays and Ceramic Products Kannur to remove the debris within a stipulated time. A sub committee headed by Sub Collector, Thiruvalla, was directed to supervise the proper removal. The company was directed to complete the work before 30/6/2020.