KOCHI: The Kerala High Court on Friday declined to pass an interim order on the request made by the state government to permit the enquiry commission led by Justice C N Ramachandran Nair to proceed with the inquiry into the Munambam land issue.
When the appeal filed by the state government challenging the single judge's order quashing the appointment of the commission came up for hearing, a division bench comprising Chief Justice Nitin Jamdar and Justice S Manu said that "this will have to be heard in detail".
Then, the Advocate General K Gopala Krishna Kurup submitted in the meanwhile as an interim arrangement, the commission can be permitted to proceed. However, the state government will not act on the report if so submitted by the commission till further orders. AG added that the period of the commission will expire on March 28.
The court replied, "Even for consideration of this request, the court needs time." The Bench said it would consider the request of the AG on Thursday.
In the appeal, the state government pointed out that the order of the Single Judge was incorrect. Having found that the state government has the power to issue an order appointing a Commission, the single judge ought not to have quashed the order overlooking the contentions of the state.
The Judge had observed that "The government acted mechanically and without proper application of mind in appointing the Commission of Enquiry." The state said that these findings of the single judge were without any basis.