The Kerala High Court today said it would be appropriate to direct the state government to take suitable action after an apt enquiry into charges of illegal land reclamation by a resort owned by former minister Thomas Chandy.
A division bench comprising justices A M Shaffique and P Somarajan said this while disposing writ petitions seeking registration of an FIR against Chandy into alleged illegal reclamation of property by his 'Water World Tourism Private Limited' at Kainakari in Alappuzha district.
The petitioners, Kainakary grama panchayat member Vinod and CPI leader Mukundan, alleged that Chandy had illegally reclaimed paddy fields to construct a private road leading to his resort.
The court said it did not think there was a necessity to issue any direction to register an FIR until the government took a final decision, based on the ongoing land survey there.
"When the allegations now raised are disputed by the private respondents (Chandy and his company) and they have clearly indicated that they have no intention to trespass upon government land, there is no reason, why, as matters stand now, any penal provision need be invoked," the court said.
However if it was found that despite directions issued by the government, encroachments if any was not removed within the specified time, "nothing prevents the government from taking any action U/S 7 of the Land Conservancy Act as well."
The court directed that after completion of the survey, which may be done within three months, appropriate action be taken by as per law within a further period of three months.
It also directed the local level monitoring committee to conduct an appropriate enquiry into the charges and said the data bank particulars may be finalised and corrected, subject to the outcome of such an enquiry.
Chandy, accused of land encroachment for his luxury resort, had resigned as transport minister on November 15.
He had challenged a report by the Alappuzha district collector in this regard.
The minister's resignation came in the wake of the court rapping him for filing a plea against his own government.
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