Kerala - Kochi   

Government files review petition HIGH COURT ROUND-UP

KOCHI: The Kerala High Court on Friday admitted a petition filed by the government seeking to review an order directing it to restore possession of Dhanyasree Resorts, Munnar, and its property to its owners.

The government in its petition said that that while issuing the direction, the court had observed that the government pleader had submitted that he had no-objection to the property being given back to the owners.

In fact, what the government pleader submitted was that he had no objection to the application filed by the owners seeking to appoint an advocate commission to oversee the administration of the hotel.

The government pleader had made the submission bona fide in the interest of justice and to protect the interest of the government as well as for helping the court in the adjudication of the case.

The government petition pointed out that the restoration order had adversely affected the interests of the State because they purchased the property on the basis of forged and bogus titles.

The owners had not prima facie title or right over the property.

Instead of passing orders on the application seeking to appoint advocate commissioner, the order was passed on the application for restoration of the ownership. The review petition was posted for hearing after the court vacation.

Justice R. Basant dismissed a petition filed by the Director-General of Prosecution (DGP) seeking to expunge an observation that the DGP had undertaken to furnish the details of all political murder cases registered in Thalassery sessions jurisdiction to assure the court that there had been no lapses in the investigation of the cases.

The court said that it was not satisfied that any clerical error had crept in the order. However, the court accepted and recorded the submission of the DGP that he did not intend to give any such undertaking which appeared to embarrass the State.

The court pointed out that even without the undertaking of the DGP, directive would have been issued for making available the details. The court said that the DGP did make a statement that he agreed/undertook to produce all the relevant details in the cases. The court expressed hope that the acceptance of the directive “shall be considered if necessary by the superior court sans the undertaking”.

Justice V. Ramkumar has quashed the criminal proceedings pending before the Judicial First Class Magistrate Court, Thaliparambu, against K. Radhakrishnan, suspended Deputy Superintendent of Police, District Crime Records Bureau, Kannur, initiated under the provisions of the Immoral Traffic Prevention Act.

The court pointed out that the Deputy Superintendent of Police (Administration) had conducted the investigation and filed charge-sheet before the court. An officer not below the rank of circle inspector of police should be appointed as special officer under the Act for investigation.

The investigation had not been conducted by an empowered officer. The registration of the case was ill advised.

A Bench appointed P.V. Nalinakshan Nair, former Additional Income Tax Commissioner, as the commissioner of the Travancore Devaswom Board for a year with effect from May 1. He was appointed from a panel of three persons submitted by the Ombudsman for the Travancore and Cochin Devaswom Boards.

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