KOCHI: Coming down heavily on the state government, the Kerala High Court on Wednesday observed that it was a pity that the state has not taken action against a District Collector, who had simply avoided his duties by exhibiting gross dereliction on his part.
Justice B Kemal Pasha flayed the government for not taking action against the then Ernakulam District Collector who failed to exercise his duties in a decade-old property issue.
The court passed the order on a petition filed by Carborandum Universal Company, Kochi, against an order by the Taluk Land Board (TLB), Kanayannur, to surrender an extent of 2 acres of alleged un-utilised excess land in the possession of the company. The land is situated in Thrikkakkara village. Earlier the court had directed the government to give an opportunity to the petitioner company before taking a final decision. The TLB had repeatedly sought further action on the part of the collector.
Justice Kemal Pasha observed that the collector had washed his hands of by stating that no proceedings were initiated at his office in this regard. However the state had not taken any action against the collector, who had allegedly furnished such an evasive reply to the TLB.
The state submitted that there was deliberate fault on the part of the collector in not exercising his power.
The court pointed out that even without any notice from the collector as contemplated under section 81 (1) (k) of the Kerala Land Reforms Act, the TLB had once again issued an order to surrender the land.
The court observed that the order of TLB was not legally sustainable and set aside. “Having chosen to keep such an officer, the state cannot clamour and lament that things are going against the state,” the court observed.