Madras High Court today set aside the orders passed by District Magistrate and District Collector of Kancheepuram on Prime Sristi Housing Private Limited, builders of the collapsed under-construction building at Moulivakkam here last year that left 61 people dead.
They had ordered to pull down the other block of the building complex stating that it is in precarious condition and there is every likely hood of danger to the lives of the by passers and Public.
After the collapse of the complex on June 28 last the Collector Kancheepuram initiated proceedings under section 133 of Cr.P.C. Informing that the standing structure, Block-A was in a precarious condition, was likely to fall and thereby cause injury to persons living or carrying on business in the neighborhood or passing by and therefore removal thereof was necessary.
The builders filed Criminal Revisions praying to call for the records and set aside the order passed by the Kancheepuram Collector.
In proceedings under 138 Cr.P.C., the Magistrate is required to take evidence as in a summons case. Chapter XX of the Criminal Procedure Code deals with the procedure to be adopted for the trial of summons cases by the Magistrate. Chapter XX Cr.P.C., consists of sections 251 to 259. Section 251 requires substance of accusation to be stated, the judge said.
This Court, without hesitation, would inform that the reading placed by the District Magistrate/ Collector on the orders of this Court totally are misconstrued.
The Judge who allowed the petition in his order said "Where the collector has failed to observe the letter of the law and conduct proceedings u/s.138 Cr.P.C. In keeping with the summons case procedure, the criminal revision petition is to be allowed".
"A reading of the order of Collector dated 12.10.2015 shows that though much reliance has been placed on the Justice R.Regupathy Commission of Inquiry Report and the conclusions arrived by it, the Collector also has relied on reports of an Expert Committee from Indian Institute of Technology, Chennai, Anna University and on the field inspection conducted by the earlier District Collector along with PWD Planning & Development, Chennai Metropolitan Development Authority and members of the Technical Expert Committee.
The order passed by the Collector on October 12 and 19 shall stand set aside, the judge said.
The Judge also directed to initiate proceedings a fresh by another Collector who the Government thinks appropriate to hold the proceedings.
