HC declines to pass order on Kerala govt. plea on Munambam panel

Nikesh Vaishnav
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The Kerala High Court on Friday declined to pass an interim order on the request made by the State government to permit the inquiry commission led by C.N. Ramachandran Nair, retired High Court judge, to proceed with the inquiry into the Munambam land issue.

A Division Bench observed that “this will have to be heard in detail,” when an appeal filed by the government challenging a single judge’s order that quashed the appointment of the commission, came up for hearing. The Advocate General sought that the commission be permitted to proceed, as an interim arrangement. He added that the government will not act on a report submitted by the commission, till further orders. In reply, the court said that it needed time, even for considering this request.

‘A fact-finding body’

In the appeal, the State government contended that the order of the single judge was incorrect, citing that the government had the power to issue an order appointing a commission and that the single judge should not have quashed the order, overlooking the State’s contentions.

The State government had filed an appeal before a Division Bench on Thursday, challenging the single judge’s order that had quashed the order appointing the C.N. Ramachandran Nair Commission. In it, the government contended that the single judge’s order was erroneous and that the commission was only a fact-finding body.

It further said that the report drawn by the commission was only intended to furnish the government with material to act upon. The finding of the single judge, that the government acted mechanically and without proper application of mind, was without any basis.

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