KOCHI: When the petition against Thomas Chandy came up for hearing, the High Court asked if there was any investigation going on into the matter. The state government replied Alappuzha District Collector has initiated inquiry including a partial survey of the land and it could be completed only after receipt of the survey team’s report.
The court flayed the government and asked it to explain whether it was its usual stance in encroachment cases. If a common man was found to have encroached land, the government will initiate demolition drive using bulldozers and that is the common practice, the court orally observed. The court has posted the hearing to Thursday.
The petitioner submitted the government and the revenue officials are reluctant to register a case against Chandy and others despite noticing a violation of the Kerala Land Conservation Act and Kerala Conservation of Paddy and Wetland Act committed by them. The directors of the company which runs the resort had blatantly violated and encroached the government land and constructed a road to the resort. In this process, they had violated the provision of the Conservancy Act and Paddy and Wetland Act and Environment Protection Act.
In spite of the 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 petition alleged action was not being taken because Chandy was a member of the cabinet.
He pointed out encroachment into the government land was an offence under the Land Conservancy Act which was to be tried by the Chief Judicial Magistrate. Therefore, once the information had been received about the commission of the cognisable offence, prosecution action should be initiated.
Chandy of NCP, entered the cabinet after A K Saseendran resigned as the transport minister over a purported audio clip of him speaking in sexual undertones to a woman.