Kerala High Court Directs State To Constitute Special Team And Inquire Revenue Officials For Allegedly Forging Title Deeds

The Division Bench comprising Justice A.Muhamed Mustaque and Justice Shoba Annamma Eapen directed thus:

“Having heard the submission on the learned Special State Prosecutor, we are of the view that a special team consists of high rank officials with the team of others including revenue officials need to be formed to enquire and investigate the nature of involvement of public officials in forging the patta, including any gratification in any form they received.

Last month, the Court sought instructions on whether any inquiry was conducted and action was taken against Devikulam Former Deputy Tahsildar M I Raveendran for issuing bogus title deeds.

The Court found that 42 cases of forging patta were pending in different Courts in the Idukki district, out of which in 18 cases allegations were regarding forging patta to obtain government lands. It stated that bogus title deeds were made for this purpose and public officials were involved.

The Court was of the view that further criminal investigation was warranted against the concerned public officials since it was not satisfied with the ongoing inquiry. The Court stated that the public officials might have forged title deeds in return of some gratification, and such inquiry should be conducted.

The Court observed that only offences involving the Indian Penal Code were alleged against the revenue officials without conducting investigation under the Prevention of Corruption Act.

The Court thus impleaded the Union of India and the Central Bureau of Investigation to decide whether the investigation should be entrusted to the CBI or other State Agency.

After deliberation, the Court decided to constitute a Special Team including high-ranking officials and revenue officials to conduct the inquiry. As such, the Court directed the State Government to submit the details regarding the Special Team to be constituted.

The Court passed the above order while considering cases about the utilization and encroachment of ecologically sensitive areas in the Munnar and Idukki districts. The leading case is a Public Interest Litigation filed back in 2010 to restrict and prevent illegal constructions in Munnar and Idukki districts. The petition was filed to prevent illegal land encroachments, identify encroachers and to conduct inquiry into the genuineness of title deeds.

Case Title: One Earth One Life v State of Kerala

Case Number: WP(C) NO. 1801 OF 2010 & Connected Cases

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