Demolition of Biju’s bar: Revenue sits on appealing stay

Source added that the CM's office had intervened in the issue and has asked the department to go ahead with the appeal
Kochi: The government does not seem to be interested in filing an appeal against a High Court order against the demolition of a five-storied building owned by bar owner Biju Ramesh. His hotel complex had allegedly encroached on a major canal in Thiruvanthapuram city.
It has come to light that the revenue department has not given a final nod to file an appeal even 52 days after the verdict. According to top legal sources, the revenue department under minister Adoor Prakash is sitting on a file sent from the Advocate-General's office for an appeal.
The Kerala High Court had restrained the Thiruvananthapuram District Disaster Management Authority from proceeding further with the demolition. Justice A. Mohammed Musthaque had also ordered that the authority could interfere in accordance with the Land acquisition Act or Land Conservancy Act.
“We have sent a legal opinion for filing an appeal in the case soon after the High Court passed an order on September 23 but so far the government has not responded to the query,” a top source said.
Source added that the CM's office had intervened in the issue and has asked the department to go ahead with the appeal.
Mr C.P. Udayabhanu, counsel for Biju Ramesh, confirmed to DC that the state had not filed an appeal so far. “We have not received any communication for an appeal so far,” he said.
As per the report of the Executive Engineer of Irrigation Department who was in charge of the maintenance of the canal, a detailed scientific report as to the dilapidated and pathetic condition of the Thekkanankara canal was conducted. No occupation of government land is permitted whether in puramboke or not without the permission of the government, the report said.
The government had earlier submitted that Biju Ramesh was given sufficient opportunity to defend his case, including time to cross- examine the witnesses, the report said.

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( Source : deccan chronicle )
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