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Former Kerala State Transport Minister Thomas Chandy has moved the Supreme Court in a Special leave petition arising out of judgement dated November 14, 2017 of the Kerala High Court in an illegal encroachment matter, which is yet to be heard. On November 14, 2017, a division bench of High Court of Kerala, comprising Justice PN Ravindran and Justice Devan Ramachandran has held that a minister cannot invoke writ jurisdiction against his own government or its functionaries. It had observed that a minister, whilst holding such a position cannot invoke the extraordinary writ jurisdiction contained in Article 226, impugning the actions initiated by the government. The bench was hearing the plea made by Thomas Chandy, then minister in Kerala. The minister had challenged the report of the District Collector that named him for reclaiming certain lands in alleged violation of the provisions contained in the Kerala Conservation of Paddy Land and Wet Land Act, 2008. The District Collector has forwarded the said report to Additional Chief secretary revenue. Chandy contended that the district collector has formulated such a report after an inquiry in this regard in lieu of a communication by the Revenue Secretary, pursuant to certain directions made by the minister for revenue to enquire into complaints received against alleged reclamation of land by a company named Water World Company Pvt. Ltd, which runs an entity titled ‘Lake Place Resort’ in the said property. The court held that the District Collector had formulated such a report pursuant to a cabinet minister’s directions, the act of the petitioner was aimed at the actions initiated by one minister of the cabinet of which the petitioner is a member. The said conduct of the petitioner is against the principles of cabinet responsibility.
On Friday, when the matter was scheduled to come before the bench comprising of Justice Amitava Roy and Justice Kurien Joseph, the latter decided to rescue himself from hearing the matter. This is the third such instance of recusal with respect to said SLP as earlier two benches comprising of Justice Dipak Misra, Justice AM Khanwilkar and Justice RK Agrawal and AM Sapre had rescued themselves from the matter.
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