Kerala: High Court asks Pinarayi Govt to explain non-compliance with court orders in MLA PV Anvar Excess Land Case

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On July 11, the Kerala High Court rejected the Pinarayi Vijayan-led Government of Kerala’s request for more time to take action in the complaint against LDF-backed independent MLA PV Anvar concerning excess land possessed by him and his family.

The court has directed the Kerala government to submit its affidavit on July 18, the next date of the hearing, explaining the steps taken to recover the land. The court also directed the officials to explain the reasons why the court’s earlier directions had not been complied with.

Earlier, the State Land Board ordered proceedings against PV Anvar u/s 87 of the Kerala Land Reforms Act, as it was prima facie found that the Left-backed MLA and his family possessed land much beyond the ceiling limit.

In March 2020, the Kerala High Court directed the officials to recover the land from the Nilambur MLA, however, the officials failed to recover the land within the stipulated period, prompting the complainant to file a contempt petition. PV Anvar and his family allegedly own about 226.82 acres of land, violating the Land Reforms Act.

“This Court, by judgment dated 24.3.2021, had ordered the respondents to expedite the proceedings and conclude the same within six months from 25.3.2021,” the court noted. The court added, “The Contempt case was preferred alleging non-compliance of the directions. When the matter came up before this Court on 6.1.2022, it was submitted by the State Attorney that the entire proceedings would be concluded within a period of five months from 06.01.2022.” However, an application was moved before the court to reopen the contempt case. as the officials did not take the initiative to conclude the proceedings against the accused MLA.

The court was hearing KV Shaji’s application to reopen a contempt of court case against the concerned land board officials for non-compliance with the court’s January 13, 2022, order to conclude proceedings within 5 months. KV Shaji is a Malappuram resident and a landless person. He, in his application, alleged that the Left-backed MLA was selling his properties with an undertaking that there are no ongoing proceedings against him under the Land Reforms Act.

“This is with a view to putting a lid on the proceedings,” he submitted. The petitioner further argued that Anvar declared that he was holding about 226.82 acres of land, while contesting elections. The petitioner argued, “Mr. P.V. Anwar is an influential politician who happens to be a member of the Legislative Assembly, and it is in order to save his skin that the official respondents are playing hide and seek.” The court observed that the officials “have striven to somehow or the other prevent the directions issued by this Court from being implemented.”

Thus, the court allowed Shaji’s application to reopen contempt proceedings. The court said, “In that view of the matter, the application for reopening the contempt filed as I.A.No. 1 of 2023 will stand allowed. I.A.No. 2 of 2023 seeking to substitute the respondents will stand allowed. I.A.No. 3 of 2023 for accepting additional documents is allowed.”

The court directed the concerned officials to submit separate affidavits before the court within 10 days of the court’s order. The court concluded, “The respondents shall file separate affidavits before this Court within ten days from today, explaining the reasons why the directions issued by this Court have not been complied with. They shall also state in detail the steps taken by them to implement the directions from 24.3.2021 on which day the judgment was delivered and thereafter from 13.1.2022 on which day the contempt case was closed recording the undertaking of the respondents. For the time being, the appearance of the respondents is dispensed with.”

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