P. RAJAN Vs. STATE OF KERALA AND OTHERS

JUDGEMENT

(1.) The parties in the Original Petition and the Writ Appeal are the same. The petitioner in O. P. No. 15960 of 1995 is the appellant in W.A. No. 1419 of 1997. Writ Appeal No. 1419 of 1997 is filed against the judgment of the learned single Judge in O.P. No. 11501 of 1997. Since both the Original Petition and the Writ Appeal deal with the same matter, we have heard them together another are being disposed of by this common judgment.

(2.) The petitioner in O.P. No. 15960/95 is one P Rajan. He has styled himself as convenor of "the Save Mathrubhumi Campaign Committee". The third respondent in the Original Petition is one Veerendra Kumar and the 4th respondent is his brother, M. P. Chandranathan. According to the petitioner, respondents 3 and 4 are in unauthorised possession of Government lands and even though the petitioner made many representations, they were of no avail. Hence Original Petition was filed for a direction to respondents 1 and 2 to finalise the enquiry in respect of allegations contained in Exts. P 2, P 3, P 4 and P 5 within a time limit to be fixed by this Honourable Court and to communicate the final order to the petitioner and initiate appropriate action against the culprits as expeditiously as possible.

(3.) Ext. P. 2 complaint is addressed to the Chief Secretary, Government of Kerala. In Ext. P 2, it was stated that respondents 3 and 4 are attempting to lease or transfer the Government land in Sy. No. 518/IC 3 in Kalpetta and shopping complex therein for valuable consideration. It says that respondents 3 and 4 have no title over the Government lands in Sy. No. 518/IC 3 in Kalpetta. Hence the Chief Secretary was required by Ext. P2 to take immediate steps to save the Government property including initiation of criminal prosecution of the offender. Exts. P 3, P 4 and P 5 are similar representations. After the Original Petition was filed, a statement was filed on behalf of the 2nd respondent. In the statement, it was stated that the Tahsildar, Vythiri had Already initiated action under the Kerala Land Conservancy Act against the 3rd respondent on the basis of the report furnished by the Revenue Inspector dated 4-6-1994. In paragraph 6, it was stated that the file relating to the land acquisition case had been received by the Tahsildar of Vythiri on 15-11-1995 and the final decision regarding the encroachment by the 3rd respondent would be taken shortly. It was also stated that the petitioner had approached the Kerala Public Men's Corruption (Investigation & Inquiries) Commission on the very same cause of action and the petitioner cannot invoke the discretionary jurisdiction of this Court as he had resorted to other statutory remedies. In C.M.P. No. 28660/95, an order was passed on 3-4-96 and it was recorded that according to the Government, respondents 3 and 4 were not in unauthorised possession of any Government land. Meanwhile, on 12-3-96 the Government passed an order on Ext. P 2 complaint filed by the petitioner. This is produced as Ext. P 1 in O.P No. 11501/97. In Ext. P 1 order, Government came to the conclusion on the report of the District Collector, Wayanad that the allegation that the 3rd respondent had encroached upon 19 cents of Government land has no basis. The land as alleged, was never taken into Government possession. It is outside the compound wall constructed around the Collectorate Campus. It was always in the possession of Shri Veerendrakumar. By Ext. P 1, the Government directed the authorities to drop the proceedings against Shri Veerendra Kumar under the Land Conservancy Act. It is challenging Ext. P1 that Original Petition No. 11501/97 was filed.