Kochi: The Kerala government was raked over the coals by the High Court for adopting dilatory tactics in investigating Thomas Chandy’s alleged involvement in encroachment of government land.

Stating that the ‘law is equal for all’, a division bench asked whether asked why a common man in a similar situation would be treated differently.

The bench made the observation while hearing a petition filed by CPI local leader T N Mukundan of Thrissur seeking a case to be registered against Chandy and other directors of Waterworld Tourism Private Ltd for the alleged encroachment of government land and reclaiming backwater land in Alappuzha.

When the petition came up for hearing, the court asked if there was an investigation going on into the matter. The state government replied that the Alappuzha district collector had initiated an inquiry, including a partial survey of the land. The survey team’s report was being awaited.

This caused the court to haul up the government. “If a common man is found to have encroached land, the government will initiate a demolition drive using bulldozers,” the court observed.

The bench will place all the pending writ petitions in the matter before acting chief justice to find out whether they can be heard together. The court posted the next hearing to Thursday.

The petitioner’s case was that revenue officials were reluctant to register a case against Chandy and others despite a clear violation of the Kerala Land Conservation Act and Kerala Conservation of Paddy and Wetland Act by them.

The Supreme Court in the Lalitha Kumari case had made it clear that when a police officer in charge of a police station received information regarding the commission of a cognizable offence, he has to necessarily register a crime and investigate the case.

The Supreme Court also held that the reclamation of wetlands or construction of a permanent nature in a wetland or any other activity that is likely to have an adverse impact on the ecosystem of the wetland, should not be allowed.

The petitioner said directors of Waterworld Tourism Private Ltd blatantly encroached upon government land and constructed a road to the resort. In this process, they violated the Conservancy Act and the Paddy and Wetland Act and Environment Protection Act.

In spite of this being a cognizable offence, no action was initiated against Chandy and other directors although the matter was reported to the district collector.

The petition alleged that action was not being taken because Chandy was a minister. The petitioner said he filed a representation detailing the violations and requesting officials to initiate proceedings against Chandy and other directors.

He pointed out that encroachment of government land was an offence under the Land Conservancy Act and had to be tried by a chief judicial magistrate. Therefore, once the information was received about the commission of a cognizable offence, prosecution ought to have been initiated.

The petitioner also sought steps to evict the directors from the encroached and reclaimed land and restore it to the original position.

CPM state secretary Kodiyeri Balakrishnan distanced the party from Thomas Chandy, stating that the LDF would not support anyone who has committed wrongdoings. Speaking to reporters in Kozhikode, Balakrishnan said, “The LDF will not support anyone’s wrongdoings. We will take necessary action after legally examining the matter. The law will take its own course and the government will take action,” he said.

Kodiyeri Balakrishnan’s statement assumed significance in the wake of mounting pressure on the LDF government to take action against Thomas Chandy.

He said in the case of the Solar Commission Report too, the LDF government would take necessary action after legally examining it. “But we are not here to abide by the diktat of political opponents who want to divert attention from the Solar Commission Report,” he said.