Former transport minister Thomas Chandy moves Supreme Court against High Court order
New Delhi: Former transport minister Thomas Chandy has moved the Supreme Court for quashing the High Court order, which criticised him for suing his own government disregarding the Cabinet’s collective responsibility, and encroaching government land. Mr Chandy said the HC had erred in applying the principle of collective responsibility of Council of Ministers, which is irrelevant and extraneous for disposing of the real issue raised in his writ petition (against Alappuzha collector T V Anupama’s erroneous findings on wetland and paddy violations). If the authorities’ (collector) action is arbitrary and illegal, a minister cannot be barred from filing a petition and the HC had erroneously faulted this. Her interim reports wrongfully implicating him of violating the law had caused serious and irreparable harm to his reputation and a blow to his political career.
He questioned the correctness of the HC order, which affirmed the remarks of the Collector on the grounds that such remarks had not caused any prejudice. An inquiry in his absence amounted to condemning him, violating principles of natural justice. He denied he was the owner of the land in question. The collector’s enquiry was in exercise of statutory functions and not executive powers. Her finding was arbitrary and malicious since section 13 of Kerala Conservation of Paddy and Wetland Act 2008 mandated an opportunity of hearing to the petitioner.
Her report received wide media publicity and he had to quit the ministry. The HC failed to appreciate that he had only challenged the manner in which the collector had exercised statutory functions. A good reputation is an element of personal security and protected by the Constitution equally with the right to enjoyment of life, liberty and property. When the reputation is dented, the HC cannot say he was not prejudiced and that he could redeem his dignity later by approaching the collector. Mr. Chandy has 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. He has prayed for quashing the High Court order and an interim stay of its operation.
