Mathews J Nedumpara
Arun Mishra rejected the request of the Maradu flat owners for some time, few days, to vacate their homes after it was ordered to be demolished, stating that not even one minute will be granted. I was witness to that. The press, the government and the political leaders in kerala remained mute. Nobody pointed out that he had no authority to order such demolition. His job was to adjuducate whether the statutory bodies ordering demolition was right or wrong, had it ordered demolition. The statutory authority had only issued a show cause notice which the high court set aside. The construction was completed with the permission of the High Court. The only issue before Justice Arun Mishra was whether the high court was right in quashing the show cause notice. The only order he could have passed, if he were to find fault with the high court, was one setting aside its order, in which case the Municipality could have proceeded with its enquiry. Justice Arun Mishra acted without jurisdiction. He assumed the role of the Municipality and the Government, and the panchayat raj tribunal, which all had the power of regularisation, assuming there was a violation of the CRZ rules at all. Some quarters justify the gross violation of the constitution and law on the premise that there was indeed corruption in the granting of license by the Municipality. May be true. A man who assumes to himself the power of the executive and that of the judge all at once in the name of action against corruption, if the news reports are correct, is still occupying the government bungalow post even 6 months after retirement!