Magnitude of Fraud in Land Dealings Disgraceful: Kerala HC Orders SIT Probe

The Kerala High Court, in a significant ruling, has directed a Special Investigation Team (SIT) to investigate the fraudulent transactions into the extensive land fraud in Idukki district and initiate appropriate legal actions against all individuals, including officials and retired officials, implicated in the manipulations.

The division bench, comprising of the Acting Chief Justice A.Muhamed Mustaque and Justice S.Manu, observed that “The magnitude of fraud committed in the land dealings is disgraceful and rule of law has been subverted. It is a matter of shame for the state that the system failed for long to act against the organized grabbing of land vested with the Government. Hundreds of beneficiaries of land grabbing have amassed wealth at the cost of public and escaped from the clutches of law due to collusion, lethargy etc on the part of the concerned.”

The case pertained to the petitioners, Lukka Joseph and his wife Luicy Lukka, who challenged the proceedings initiated by the District Collector of Idukki on March 2, 2020. These proceedings were based on a complaint from the first respondent, Sibi Kutty G. Sebastian, who alleged that his property records were manipulated to benefit the petitioners.

The petitioners claimed they had lawfully acquired the disputed 5.26 Ares of land in Kattappana Village and had been in possession for several years, operating a 40-bed hospital on the property. They produced various documents, including a possession certificate, tax receipt, occupancy certificate, and ownership certificate, to support their claim. The petitioners argued that the District Collector's findings were based on erroneous inputs from revenue officers and that the complaint by the first respondent was baseless.

The District Collector and other respondents contended that the land records had been fraudulently manipulated. The Collector's investigation revealed that the original property records were tampered with and that the documents relied upon by the petitioners were fabricated. It was found that the land records were altered to include the petitioners' names without any authentic supporting documents. Additionally, the Secretary, Kattapana Municipality (6th respondent) pointed out that the petitioners had illegally constructed additional floors on their building without proper permits.

“We have been considering large number of writ petitions arising out of land disputes from various areas in Idukki District. Hundreds of acres of land vested with Government have been encroached upon in Idukki District by large number of persons with the connivance of revenue officials over a period of time,” the court remarked.

The court underscored the severity of the manipulations in the land records, calling them "shocking and shameful.” It emphasised that judicial review should focus on the procedural correctness of the authorities' actions rather than detailed factual inquiries. Given the thorough verification and the reasonable opportunity provided to the petitioners to present their case, the court found no reason to interfere with the District Collector's decision.

“Being the highest constitutional court of the state, we owe a duty to ensure stringent actions in accordance with law, when such fraudulent transactions come to our notice in cases considered by us,” the court stated, dismissing the writ petition and highlighting the prevalence of land encroachments in Idukki District, calling for stringent actions against fraudulent land transactions.

The court, as a result, directed the “Special Investigation Team to conduct proper investigation into the transactions involved in this writ petition.” The investigation is to be completed within two months.

 

Cause Title: LUKKA JOSEPH v  SIBI KUTTY G.SEBASTIAN [WP(C) NO. 7530 OF 2020]