SOLOMON THOMAS Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner in the above writ petition is concerned with the encroachment of the 8 th respondent into public property. The 8 th respondent is a Church, which is said to be in possession of about 4.11acres of property comprised in R.S.Nos.127/6, 127/1 and 110/2 of Chakkittappara Village. The petitioner was before the Vigilance Court, contending that the Church has obtained possession of the puramboke land, on the basis of a patta, issued from the Land Tribunal under the Kerala Land Reforms Act, 1963; which was alleged to be fraudulent since the lands are puramboke lands.

(2.) The specific contention of the petitioner was that if the property is a puramboke land belonging to the Government, then there could be no fixity of tenure and there could only be an assignment, which the 8th respondent does not claim.

(3.) Before the Vigilance Court, after preliminary enquiry Ext.P1 order was passed, forwarding the complaint to the Deputy Superintendent of Police, Vigilance and Anti Corruption Bureau, Kozhikode, under Section 156(3) of the Cr.P.C for investigation. The petitioner also approached this Court with O.P(Crl.), numbered as 394 of 2016, in which Ext.P2 order was passed. This Court expressed dissatisfaction insofar as the conduct of the authorities of the State and directed the District Collector to look into the matter and take appropriate proceedings against the patta granted by the Land Tribunal. The land, if found to be belonging to the Government, only the District Collector could take up the proceedings and not the petitioner who in the strict sense cannot be found to be the aggrieved person. The investigation as carried on by the Circle Inspector was directed to be entrusted to the Dy.S.P concerned.