The controversy over reclamation of paddy land by the former Minister Thomas Chandy is refusing to die down even after his death with a vigilance court summarily rejecting the request to treat the case as `a mistake of fact’.
In a recent order, M.Manoj, Enquiry Commissioner and Special Judge, has refused to accept a prayer in this regard by the investigation officer, Vigilance and Anti-Corruption Bureau and returned the final report with a direction to conduct further investigation. The court also directed to submit the final report within four months.
“On analysing the materials collected in investigation, this court is of the considered opinion that the conclusion of the investigating officer that the offences under the Prevention of Corruption Act, 1988 are not made out against the accused is not acceptable. Further probe is required in view of the facts and circumstances unearthed in the investigation,’’ noted the judge.
The Vigilance case pertained to a preliminary inquiry report, which stated that the late Thomas Chandy, former Transport Minister and a director of the Water World Tourism Company, in pursuant to a criminal conspiracy hatched with others, constructed a road by illegally reclaiming paddy land to the Lake Palace Resort run by Water World Company. The one km road, from Valiyakulam to Zero boat jetty, was alleged constructed in contravention of the provisions of the Kerala Conservation of Paddy Land and Wetland Act, 2008.
Noting a camouflaging of private interest of the company as public interest as the crux of the allegation, the court noted that law cannot be permitted to be violated under the garb of furthering public interest. If it was for the benefit of the public the construction of the said road could have been undertaken after obtaining permission from the authorities under the wetland act, it added.
“It needs to be noticed that by illegal conversion of paddy land and construction of the road pecuniary advantage has been obtained to the Water World Tourism Company conducting the Lake Palace Resort. Providing vehicular access would definitely enhance the pecuniary value of immovable property. Much public money has been spent for the construction of the road in violation of the provisions of the Kerala Conservation of Paddy Land and Wetland Act, 2008,” the order read
A preliminary enquiry report in 2017, launched on a direction by the court, had revealed that public servants like the District Collectors and Deputy Collector of Alappuzha, Block Development Officers and officials of the Aryad panchayat and Harbour Engineering Division conjointly misappropriated government fund and committed criminal misconduct by constructing the road. Later, road was upgraded by tarring it up to the entrance of the Lake Palace Resort by the company wherein the late Thomas Chandy, held major part of the shares.
Another petition seeking inquiry against N.Padmakumar, former District Collector of Alappuzha was later clubbed with the investigation on the court’s direction.
In the final report, however, the VACB stated that though the investigation revealed violation of the Kerala Conservation of Paddy Land and Wetland Act, the actions of the officials did not draw offences under the Prevention of Corruption Act, 1988. The report also recommended to prosecute the Water World Tourism Company only for violation of the wetland rules and that the case be treated as a mistake of fact.
