UMA SANKAR K.D. Vs. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI

JUDGEMENT

(1.) The petitioner is the 2nd accused in C.C.No. 37 of 2015 of the Court of the Enquiry Commissioner and Special Judge(Vigilance), Thrissur, which has arisen from VC 9/09/EKM, for the offence punishable under Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 and Section 120B I.P.C.

(2.) The petitioner was the Village Officer of Puthenvelikkara Village as on 22.10.2007. A1 was the Sub Registrar of the Chennamangalam Sub Registry Office for the period from 22.08.2007 to 30.01.2008. It is alleged that A1 and A2 along with A3 hatched a criminal conspiracy. In pursuance of the conspiracy, A1 facilitated the registration of 23 sale deeds in respect of 91.10.620 acres of land in the name of A3, who is none other than a benami of Santhosh Madhavan @ Swami Amrutha Chaithanya, by violating the provisions of Section 82 of the Kerala Land Reforms Act, disregarding the ceiling limit. The allegation against the petitioner is that in pursuance of the conspiracy, he knowingly and intentionally recommended on 22.10.2007, on the date of which the application for mutation has been received, to carry out mutation of 88 acres and 66.80 cents of land without conducting proper verification. It has also been alleged that on 24.10.2007, A2 sent a clarification report recommending mutation by mentioning the lands as lands not coming under the 'Michabhoomi' limit etc. It is alleged that A2 being the Village Officer not intimated the Thahsildar on receiving the application for mutation of 88 Acres and 66.80 cents of land that it exceeds the ceiling limit of 15 Acres. Precisely the allegation against the petitioner is that he has suppressed the fact that the land to be mutated exceeded the ceiling limit of 15 Acres.

(3.) Heard the learned counsel for the petitioner Sri. Kaleeswaram Raj and the learned Public Prosecutor.