New Delhi: A new Bench of the Supreme Court will hear Thomas Chandy's petition against the Kerala High Court order criticising him for filing a petition against his own government and encroaching public land. When the matter came up before a Bench of Justices R.K. Agrawal and A.M. Sapre, even as senior counsel Mukul Rohatgi commenced arguments, Justice Sapre said he was recusing himself without giving any reason. Letters were sent to the Bench requesting Justice Sapre to recuse and withdrawn later. Following the recusal, a new Bench will hear this matter.
The NCP legislator who had been facing allegations that his company had violated rules to construct a parking area and a road through a paddy field to his Lake Palace resort in Alappuzha had questioned the district collector's report pointing out violations. The report confirmed large-scale violations of the Kerala Conservation of Paddy Land and Wetland Act. The HC slammed him saying a cabinet minister approaching a court against the state government goes against the constitutional principle of collective responsibility. The present appeal is against this order.
In his special leave petition, Mr Chandy said the high court had made a mistake in applying the principle of collective responsibility of ministers, which is entirely irrelevant and extraneous for adjudicating the real issue raised in the writ petition. He denied that he was the owner of the lands in question where there were violations, and the enquiry by the collector was clearly in an exercise of statutory functions and not executive powers. His grievance was that she had rendered a finding arbitrarily and maliciously without giving him an opportunity to clarify as mandated by Section 13 of the Kerala Conservation of Paddy and Wetland Act 2008.
