SC orders action against building constructed illegally in Thiruvananthapuram
The apex court also dismissed an appeal filed by Thiruvananthapuram-based building owner G Mohandas, who sought to quash criminal proceedings against him for its alleged illegal construction. The bench, comprising Justices Vikram Nath and Sandeep Mehta, upheld the Kerala high court's decision dated Jan 16, 2024, which refused to interfere in the case.
According to the prosecution, Mohandas allegedly obtained a renovation permit from the corporation under pretences and used it to demolish an old building and construct a new commercial complex in a prohibited zone.
The permit, intended for internal alterations and renovations, did not authorise demolition or new construction. A complaint by businessman and hotelier Biju Ramesh prompted a vigilance inquiry, which led to the registration of an FIR in 2009.
The investigation found that Mohandas, in collusion with the corporation officials and an architect, bypassed legal requirements, ignored a stop memo issued in Nov 2006, and continued illegal construction.
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Mohandas argued that the original building collapsed due to heavy rainfall and that he was compelled to rebuild it. He also claimed that the municipal corporation agreed to regularise the new structure upon payment of a compounding fee and that similar charges against the architect were already quashed by the high court. However, the Supreme Court rejected the claims, stating that the appellant acted in conspiracy with municipal officials to create a façade of legality and that the attempt to regularise the building did not absolve him of criminal liability.
The court emphasised that the architect's role was limited to preparing designs and did not involve active participation in the conspiracy, making Mohandas's claim for equal treatment untenable. The bench further directed the authorities proceed with appropriate action against the illegal construction and confirmed that the charges under the Prevention of Corruption Act and the IPC were well-founded.
Stating that the appeal lacked merit, the court concluded that there was no reason to interfere with the Kerala high court's decision.
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