Maradu Flats : SC Dismisses Plea For Contempt Action Against Committee Members
A group of residents of the Golden Kayaloram complex - one of the four apartments in Maradu which have been directed to be demolished- on Monday became unsuccessful in persuading the Supreme Court to direct the Attorney General to grant sanction for initiating criminal contempt against the members of the Committee, which was constituted by the Court for probing the violations.
"Several orders have already been passed on the issue and you are making mockery of it. Dismissed, " a bench comprising justices Arun Mishra and Sanjiv Khanna said while dismissing the plea. Though the petitioner's counsel sought to withdraw the petition, the Court did not allow.
The petitioners sought contempt action alleging that the members of the Committee - T K Jose (Addl Chief Secretary, Kerala Govt), Gopalakrishna Bhat (Secretary, Personal and Administrative Department, Kerala Govt), P K Subhash (former Secretary Maradu Municipality), M Mohammad Safirulla (former Ernakulam District Collector)- had misled the Court with incorrect findings and suppression of material facts, leading to the demolition order being passed on May 8.
"The house and apartments of the petitioners are being demolished due to false and frivolous report preferred by the respondents which is contempt on the face of it and hence the 1st respondent (AG) ought to have given permission to prosecute the contemnors", the plea said.
The petitioners claimed that the case against Golden Kayaloram was not one of CRZ violations, but was of violations of Municipal Building Rules. However, since the case was clubbed along with other builders, it was presumed that Golden Kayaloram too committed CRZ violations. The petitioners contended that the Committee did not inform the Court that the area had been re-classified as CRZ II , where the construction of a similar building is claimed to be permissible as on date, as per the 2011 CRZ regulations.
It was also contended that the Committee constituted another sub-committee to conduct the enquiry, violating the orders of the Court.
"The Enquiry Committee was made a mere tool to communicate a biased and illegal report made by an outside agency in violation of the principles of natural justice and to defeat the intent and spirit of the order of this Honourable Court in ordering an enquiry. It is reasonable, from the facts and circumstances, to suspect that a fraud is played on this Honourable Court, which none of the parties to the appeals has brought to the notice of this Honourable court", the petition stated.