A Civil Court at Kochi has stayed the release and online streaming of "Maradu 357", a film on the demolition of four apartment complexes in Maradu for violations of CRZ regulations.The Munsiff's Court, Ernakulam, passed an interim injunction order that the film shall not be released in full or part or its trailer or its songs in theatres or on OTT platform/social media until the completion of...
A Civil Court at Kochi has stayed the release and online streaming of "Maradu 357", a film on the demolition of four apartment complexes in Maradu for violations of CRZ regulations.
The Munsiff's Court, Ernakulam, passed an interim injunction order that the film shall not be released in full or part or its trailer or its songs in theatres or on OTT platform/social media until the completion of the trial in criminal cases filed against builders.
The interim injunction was passed on a suit filed by the builders of the demolished apartment complexes seeking to restrain the producer of the film from releasing it. Sandeep Mehta, the Managing Director of Jain Housing Ltd, Sany Francis, the Managing Director of Holy Faith Builders and Developers Private Limited and K V Jose, the co-promoter of the "Golden Kayaloram" apartment, were the plaintiffs.
Directed by Kannan Thamarakkulam, 'Maradu 357' was announced for release on March 19. The cast includes Anoop Menon, Manoj K Jayan, Dharmajan Bolghatty, Sheelu Abraham, Sarayu, Noorin Shereef etc. '357' denotes the number of flats demolished. The Court has issued notices to director and producers of the film.
The plaintiffs contended that the release of the film when the criminal cases against them was pending will prejudicially affect their right to fair trial.
They submitted that the trailer of the film suggests that there was collusion between government officers and the builders in illegally obtaining building permit. According to them, such cinematic depictions of sub-judice issues will affect their fair trial.
The plaintiffs cited the precedent of the Supreme Court staying the release of the film "Black Friday" till the trial in Bombay blast cases were over. The recent order of the Kerala High Court order on the case against the serial on Koodathayi murder cases was also cited. In that case, the High Court had observed that the TV Serial having striking similarities with the subject matter of criminal case pending trial interferes with administration of justice.
"It is submitted that the dialogues in the trailer are nothing but an attempt to pass a judgement on the issues by usurping and assuming the role of judiciary. Hence the act of the defendants who are the makers of the movie, Maradu 357 is offending a fair trial in a criminal case and thereby amounts to contempt of court and causes defamation to the Plaintiffs as well", the plaint read
Advocates Santhosh Mathew, Vijay V. Paul, Veena Raveendran, Karthika Maria and Gokul Asok of Ninan & Mathew Associates represented the plaintiffs.
The four apartment complexes were demolished as per the orders of the Supreme Court on January 11 & 12, 2020.
Here is a time-line of the Maradu flats case :
- 2006 : The Madaru Grama Panchayat issues show-cause notices to the builders for cancellation of the building permits, citing, among other things, CRZ violation.
- The builders approach the High Court challenging the notices. HC stays the notice, and construction activities proceed on this basis.
- 2012 : Single Bench of HC (Justice K Surendra Mohan) allows the writ petitions of builders, holding that Government had no power to issue instructions to the Panchayat.
- 2, June, 2015 : Division Bench of HC (Justices Antony Dominic & SP Chaly) affirms the Single Bench decision. Holds that permit holders cannot be taken to task for the failure of Panchayath in complying with the requirement of seeking CZMA's permission for issuing permits.
- Nov,11, 2015 : The same bench later dismisses review petitions filed by KCZMA.
- 2016 : Kerala Coastal Zone Management Authority files special leave petitions in SC.
- Nov, 27,2018 : SC constitutes a three member committee to examine whether the area fall within CRZ-III as per 1991 notification.
- May 8, 2019 : SC bench of Justices Arun Mishra and Navin Sinha orders demolition of the buildings within one month based on the findings of the Committee that the buildings fell within CRZ-III.
- June 10, 2019 : A vacation bench of SC stays the demolition for six weeks on petitions filed by residents complaining that they were not heard before the demolition order.
- July 5, 2019 : A bench headed by Justice Arun Mishra dismisses the plea of residents. Criticizes the parties for indulging in 'bench hunting' to secure stay on demolition.
- July 10, 2019 : A bench headed by Justice Arun Mishra dismisses the review petitions filed by builders.
- Sep 6, 2019 : The SC takes suo moto notice of the non-compliance of the demolition orders. Sets a deadline of September 20 for demolition and directs the appearance of Chief Secretary on non-compliance.
- Sep 23, 2019 : Chief Secretary Tom Jose appears before bench headed by Justice Arun Mishra. Court directs the filing of an affidavit detailing the demolition plan.
- Sep 25, 2019 : SC dismisses a plea by a local resident against demolition order citing 'collateral damage'.
- Sep 27, 2019 : SC constitutes a committee headed by retired Kerala HC judge Justice K Balakrishnan Nair for assessment of compensation for residents. Orders interim compensation of Rs 25 lakhs. Properties of builders ordered to be attached.
- October : Steps for evacuating the residents begin.
- Oct 26, 2019 : SC clarifies that each owner will get Rs 25 lakhs compensation as interim amount, regardless of amount shown in the sale deed.
- Nov 25, 2019 : SC directs builders to deposit Rs 61.50 Crores with Kerala Govt for disbursing compensation to residents.
- January 11& 12, 2020 : Flats demolished.
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The number 357 denoted the number of apartments which were demolished. According to them, criminal cases were registered against them by the Panangad and Maradu police on complaints filed by the flat owners. The owners had alleged that builders had colluded with officials to obtain permits with an intention to cheat them. The builders said the release of such a film would affect their right to a fair trial in these cases.
Meanwhile, Kannan Thamarakkulam, director of the film, said that the film was about the pain and anxieties of the dwellers of the demolished buildings.