A division bench comprising Justice M Venugopal and Justice S Vaidyanathan on dismissing the plea from D Rajappa and R Jayalakshmi seeking for regularisation of the complex based on a Government Order issued on June 22, 2017, said, “The issue has already been concluded and in terms of the observation made by the Supreme Court, the petitioners are not entitled to seek indulgence of this court. Since the order has attained finality and that the building is constructed in violation of the norms, the same has got to be razed to the ground.”

Also, noting that it is very unfortunate that the government being a party to the civil appeal is trying to give a go-by to the order of the Supreme Court, the bench said, “Strictly speaking, any cut-off date extended by the government would amount to disobedience of the orders of the Supreme Court and the person who is responsible to extend the cut-off date, is liable for contempt.”

The bench also held that if any cut-off date is extended by means of an amendment of the relevant act or by creating rules, the said amendment/GO is bad in law and cannot be enforced by any individual or authorities.

The matter relates to the petition filed by the petitioners seeking to quash an order of Housing and Urban Development Department on July 31, 2017 and the consequential order passed by the executive officer of Naravarikuppam Town Panchayat of Red Hills dated August 12, 2017, to demolish the commercial complex by August 16, 2017.