D P MAHESHWARI Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioner is the 2nd accused in Crime No: 458/2007 of Vanchiyoor Police Station, Thiruvananthapuram. The offences alleged are under sections 120-B, 420, 465, 467, 468 and 471 r/w 34 of IPC. Apprehending arrest, the petitioner approached this Court for anticipatory bail.

(2.) THE petitioner is stated to be the President of 'Jay Shree Tea & Industries Ltd.', a public limited Company having its registered office at Kolkata. It is stated that the said company was having in its possession an estate by name 'Merchinston Estate' having an extent of 707.23 acres situated in Thenoor Village, Nedumangadu Taluk. The said property originally belonged to Mr. Richard John Arther Moore. From him the petitioner's Company purchased the said property in the year 1954. It is stated that the Company thereafter sold the said estate to M/s.Southern Field Ventures Private Limited, of which one Mr.Xavi Mano Mathew has been the Managing Director. That document was executed in the year 2005. It is alleged that Mr.Xavi Mano Mathew, who purchased the property in 2005, sold a portion of that estate to I.S.R.O.

(3.) THE petitioner also admits the fact that originally an extent of 268.72 hectares (equivalent to 664.021 acres) was notified as Ecologically Fragile Land. The ordinance subsequently lapsed. Thereafter, the Act 'Kerala Forest (Vesting and Management of Ecologically Fragile Lands) Act, 2003' was enacted. Thus, in the writ petition filed by the petitioner's Company, this Court directed the Company to approach the Ecologically Fragile Land Committee constituted under the Act. It was then the Company sold the estate to M/s. Southern Field Ventures Private Ltd., of which Mr. Xavi Mano Mathew was the Managing Director. It is stated that Mr. Xavi Mano Mathew, thereafter, approached the Ecological Fragile Land Committee. The Ecological Fragile Land Committee was stated to have investigated the matter and submitted a report in the year 2007 holding that only 24.409 hectares (equivalent to 60.3159 acres) alone is E.F.L. The rest of the land was directed to be restored to M/s. Southern Field Ventures Private Ltd.