KOCHI: A Division Bench of the Kerala High Court headed by the Acting Chief Justice has recused itself from hearing a petition seeking to register a case against minister Thomas Chandy and other directors of Waterworld Tourism Pvt Ltd in connection with the alleged encroachment of government land and reclamation of backwaters in Alappuzha.The bench issued the order when the petition filed by T N Mukundan of Thrissur came up for hearing.
The petitioner submitted the government and the Revenue officers were reluctant to register a case against Chandy and others despite noticing they had violated provisions of the Kerala Land Conservation Act and the Kerala Conservation of Paddy and Wetland Act. In an earlier case, the Supreme Court had made it clear when a police officer in charge of a station receives information regarding the commission of the cognisable offence, he has to necessarily register a crime and investigate the case.
The SC had also held the reclamation of wetland or any construction of permanent nature in wetland or any other activities likely to have an adverse impact on the ecosystem of the wetland should not be allowed.The petitioner said the directors of the company which runs the resort had blatantly violated and encroached upon the government land and constructed a road to the resort. In this process, they had violated the provision of the Conservancy Act and the Paddy and Wetland Act and Environment Protection Act.
Despite violation of the law, all of which amounted to cognisable offence, and reporting of the violations of the laws by the District Collector to the government, no action had been initiated against Chandy and other directors. The action has not been taken as Chandy is a member of the Cabinet, the plea stated.
The petitioner said he had filed a representation detailing the violations and requesting the officers to initiate proceedings against Chandy and other directors.
He stated encroachment of government land was an offence under the Land Conservancy Act which has to be tried by the Chief Judicial Magistrate. Therefore, once information had been received about the commission of the cognisable offence, prosecution action should be initiated.The petitioner also sought to take steps to evict the directors from the encroached and reclaimed land and restore the same to the original position.