Restrain on arresting Kanan Devan officials
Justice Muhammed Mustaque also asked the state government to file a statement explaining its stand
Kochi: Kerala High Court on Tuesday directed the police not to arrest till Wednesday the officials of Kanan Devan Hills plantations company against whom land grab cases were registered by Devikulam police.
Justice Muhammed Mustaque also asked the state government to file a statement explaining its stand. The company moved the court seeking to quash the notices issued by the police.
Munnar and Devikulam police had summoned the petitioners to produce the documents of title in their office for inquiry into the crime registered against the company under Sections 7(a), (b), (c) and (d) of the Kerala Land Conservancy Act and Sections 423 (Dishonest or fraudulent execution of deed of transfer containing false statement of consideration) and 424 (Dishonest or fraudulent removal or concealment of property) of the Indian Penal Code.
Section 7 of the Act 1957 mandates punishment for unauthorisedly occupying a land which was the property of government.
Hence the petitioner also sought a directive to declare Section 7 of the Act as unconstitutional and void. According to the petitioners, there was political pressure on the police officials to proceed with prosecution under Section 7 of the Act.
The proceedings under Section 7 have been initiated and are proceeded with the two sub-inspectors in respect of the lands over which the petitioners’ title cannot under any circumstances be disputed.
The allegation in respect of violation of the provisions of the Act are totally unfounded and baseless, they said.
