'Don't Raze Moulivakkam High Rise'

Says Collector passed demolition orders based on directions of other agencies without application of mind

Published: 02nd December 2015 04:32 AM  |   Last Updated: 02nd December 2015 04:32 AM   |  A+A-

CHENNAI: Madras High Court on Tuesday set aside the orders of Kanchipuram District Collector directing Prime Shrishti Housing Private Limited to demolish ‘A’ block, standing next to the ill-fated ‘B’ block, which collapsed killing 61 people on June 28.

Accepting the arguments of advocate Abudukumar Rajarathinam, Justice CT Selvam quashed the Collector’s orders dated October 12 and 19, 2015, while allowing two revision petitions from the construction company, represented by its managing director M Bala Gurusamy.

Abudu Kumar contended that the Collector had passed the demolition orders, based on the orders of other agencies, mechanically without application of mind. The Collector had misconstrued the earlier orders of the court on the issue. The orders violated the principles of natural justice, he added.

Conceding the contentions and without any hesitation, the Judge observed that the reading placed by the Collector on the earlier orders of this court, were totally misconstrued.

Going deep into the technical aspects of the issue by citing various sections of the Cr.PC, the Judge said such a reading (by the Collector) in effect would mean that this court had passed the (earlier) orders contrary to law. Where the Collector had failed to observe the letter of the law and conduct the proceedings under the provisions of the CrPC in keeping with the summons case procedure, the petitions are to be allowed, the Judge said.

The Judge also held that further proceedings in the Collector’s order dated October 12 showed that though much reliance has been placed on the Justice R Regupathy Commission of Inquiry report and the conclusions arrived by it, the builder/petitioner also had relied on reports of an expert committee from Indian Institute of Technology, Chennai, Anna University and on the field inspection conducted by the earlier District Collector along with PWD, CMDA officials and members of the Technical Expert Committee, the Judge pointed out, quashing the orders and remanded the matter back to the government for fresh consideration by some other executive magistrate.

No early hearing on CSK ban

Chennai: The plea of BJP leader Subramanian Swamy to advance the hearing of his PIL questioning the legality of the ban on the Chennai Super Kings (CSK), was rejected by Madras High Court, on Tuesday.

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