SHRI. RADHAKRISHNAN M.S. Vs. STATE OF KERALA

JUDGEMENT

(1.) This criminal miscellaneous case has been filed under Sec. 528 of the the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as 'BNSS' for short), by the 2nd accused in VC No.11/2022/TSR of the Vigilance & Anti-Corruption Bureau (VACB), Thrissur, seeking the following prayers.

(2.) Heard the learned counsel for the petitioner and the learned Special Public Prosecutor appearing for the VACB in detail. Perused the relevant records, including the statements, copies of minutes and the surveyor's sketch placed by the learned Special Public Prosecutor.

(3.) On tracing the genesis of this case, it could be seen that as on 5/11/2018, one Sri.Sunil Kumar T.K., S/o.Kumaran, Thekoodan (H), Kuttichira P.O., Chalakkudy, Thrissur, lodged a complaint before the Deputy Superintendent of Police (Dy.SP), VACB, Thrissur. The allegations in the complaint would show that the President, the Secretary and the committee members of Athirappilly Grama Panchayath conspired with the owner of Avenue Hotels & Resorts Pvt. Ltd, Athirappilly and pursuant to the said conspiracy, the Panchayat sold 51 cents of land belonging to the Panchayat to the owner of the Avenue Hotels & Resorts Pvt. Ltd, without obtaining permission from the Government. The FIR would reveal further that the allegations in the said complaint were enquired and it was found that 51 cents of property belonged to Athirappilly Grama Panchayat was encroached/possessed by the Avenue Hotels & Resorts Pvt. Ltd during 2003 on the basis of a wrong decision taken by the Grama Panchayat authority. Pursuant to that, a detailed enquiry had been recommended in this matter. Thereafter, a vigilance enquiry was ordered vide Government Order No.Vig-D4/321/2019-Vig dtd. 18/10/2021, pursuant to Order No.E11 (VE 07/2021/TSR) 36235/2018 dtd. 9/8/2019 of the Director, Vigilance & Anti-Corruption Bureau, Thiruvananthapuram.