In a big setback to Kerala’s CPI(M)-led lDF Government, the High Court on Wednesday harshly criticised it for its inaction against NCP’s Transport Minister Thomas Chandy whose tourism company had allegedly encroached public land and lake and constructed a road to his tourism resort by land-filling lake and paddy fields in blatant violation of rules.
Considering a PIl filed by CPI worker TN Mukundan of Veluppadam, Thrissur seeking orders for action against Chandy and reversion of the encroached land to previous condition, a division bench of the High Court asked the Government whether any special consideration had been given to Chandy that was not available to ordinary citizens.
The court observed that if the encroachment was done by an ordinary citizen the Government would have evicted him using bulldozers. It asked whether the Government would have the same attitude it was showing to Chandy’s encroachment to the poor people living on public land on the roadside.
Asking the Government whether it would not take prompt action in cases of violation of rules by ordinary people, the division bench said that the job of the judiciary was to provide equal justice to all and that there was no difference between Ministers and citizens as far as law was concerned. The proceedings on the petition will continue in the court on Thursday.
The petitioner had sought a court order to register a first information report for alleged violation of provisions of the Kerala land Conservancy Act and Kerala Conservation of Paddy land and Wetland Act by Chandy’s Water World Tourism Company which owned the lake Palace Resort in Kuttanad for which land had been developed illegally.
The plea sought the invalidation of the title deed as the land, allotted for special and specific purposes, had been altered for non-agricultural purposes. Chandy and his company are facing the charge of land-filling paddy fields and lake for construction of a parking space and road and of encroaching lake and paddy fields.
The court’s oral observations and questions instantly led to intensification of the demand for Chandy’s resignation or expulsion from the Cabinet which was being raised by the Opposition and even by parties within the ruling front ever since allegations of encroachments first came up against Chandy several weeks ago.
Marxist Chief Minister Pinarayi Vijayan has consistently ignored calls for Chandy’s resignation or expulsion from the Cabinet even after Alappuzha District Collector TV Anupama submitted a detailed official report to him confirming blatant rule violations by Chandy’s company and CPI’s Revenue Minister E Chandrasekharan demanded action against the NCP’s Minister.
“The only option before the Chief Minister is to ask Chandy to resign or to expel him. Any delay in this would only further tarnish his image and that of the Government. If Pinarayi does not take action against Chandy even now, that will be reason for the people to assume that he himself is a participant in Chandy’s corrupt practices,” said senior Congress leader VM Sudheeran.
Observers said the court’s questions and observations had made the position of Minister Chandy extremely untenable. They said neither the lDF nor the Chief Minister could any longer continue defending Chandy, who has consistently rejected calls for his resignation even when solid evidences and official reports had confirmed his company’s malpractices.
The CPI(M) gave indications that action might be taken against Chandy in the coming days. “The lDF will not protect those who commit wrong deed,” said State CPI(M) secretary Kodiyeri Balakrishnan. However, the Chief Minister refused to respond to newsmen’s queries on whether action would be taken against the NCP Minister.
Businessman Thomas Chandy, who became Minister on April 1 last after the only other NCP MlA, AK Saseendran, resigned as Transport Minister after being trapped in a sex scandal, is the richest member in the lDF Cabinet. The national NCP leadership has already declared its total support for Chandy and even ordered partymen not to issue statements against him.