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Metropolitan's petition admitted

By Our Staff Reporter

KOCHI, MAY 21. The Kerala High Court posted to another day the writ petition filed by the Metropolitan of Malabar Diocese, Yuhanon Mar Philoxinos, challenging the Lok Ayukta's action in entertaining his complaint which was referred to it by the Chief Minister.

He had levelled allegations of graft against the IUML leaders in connection with the grant of B.Ed colleges.

The petitioner contended that the Lok Ayukta did not have any jurisdiction to entertain or deal with a complaint referred to it by the Chief Minister. There was no provision in the Kerala Lok Ayukta Act which enabled the Chief Minister to refer any complaint to the Lok Ayukta. This was because the Chief Minister himself could be proceeded against under Section 7 of the Act. If he had been empowered with such a power, it would have been incongruous and defeated the very purpose of empowering the Lok Ayukta with the power to conduct a probe against the Chief Minister.

However, the Government could refer complaints against a public servant to the Lok Ayukta. Since the Lok Ayukta had no power to accept reference from the Chief Minister, the entire proceedings initiated by it was beyond the jurisdiction of the Lok Ayukta, he contended.

Dismissed

Justice K. Balakrishnan Nair has dismissed a batch of 14 writ petitions challenging the constitutional validity of the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act 2002.

The Judge pointed out that the Supreme Court in the Mardia Chemicals and others Vs Union of India and others case had upheld the provisions except 17(2) of the Act and observed that if the loanees were affected by any action by the banks/financial institutions under section 13 of the Act, the remedy available was to file an appeal under section 17 before the Debts Recovery Tribunal. Section 17(2) of the Act, which was quashed, had made it mandatory for the companies to deposit 75 per cent of the defaulting amount with the court, if they preferred an appeal against the order attaching their assets.

Petition admitted

The court has admitted a writ petition filed by P. K. Joy of Ettumanoor, seeking a compensation of Rs. 2 lakhs from the Government for allegedly being assaulted by the police. According to him, he was summoned to the police station by the Ettumanoor SI, George and Head Constable, Sugathan, for enquiring about his colleague, Benoy.

When he appeared before the police officers, he was brutally assaulted.

The Lok Ayukta had got his complaint investigated through the Superintendent of Police who found that there was substance in the complaint.

However, no action had been taken on the report of the Lok Ayukta.

Official restrained

The court today restrained B. Ashok, the newly-appointed Director of Animal Husbandry, from taking charge.

The order was passed on a writ petition filed by N. N. Sasi, Director-in-Charge of Animal Husbandry. According to the petitioner, the post of Director could be filled only by way of promotion as had been contemplated in the special rules.

However, the new director had been appointed by direct recruitment. He was the Executive Director, Jalanidhi, State Project. Besides, the newly-appointed director did not belong to the Kerala Animal Husbandry Service.

Therefore, he was not entitled to be appointed as Director of Animal Husbandry.

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