Kerala High Court
Viju vs Chief Engineer, National Highway on 13 February, 2025
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
Thursday, the 13th day of February 2025 / 24th Magha, 1946
WP(C) NO. 25784 OF 2018 (W)
PETITIONER:
VIJU, AGED 45 YEARS, S/O.K.T.JOSEPH, PROPRIETOR OF
L.K.PROPERTIES,FORMERLY AT HEAVENLY PLAZA,KAKKANAD P.O., KOCHI - 21
ANDNOW AT AVAM BUILDING, EDAPPALLY NORTH,KOCHI - 24, RESIDING AT
KACHAPPILLY HOUSE,PUTHENVELIKKARA P.O., THIRUTHOOR,N.PARAVOOR,
ERNAKULAM.
RESPONDENTS:
1. CHIEF ENGINEER, NATIONAL HIGHWAY NATIONAL HIGHWAY,THIRUVANANTHAPURAM
- 695 033.
2. ASSISTANT EXECUTIVE ENGINEER NATIONAL HIGHWAY SUB DIVISION,
N.PARAVUR - 683 513.
3. ASSISTANT ENGINEER NO.3, N.H. SUB DIVISION,N.PARAVUR - 683 513.
4. SECRETARY TO GOVERNMENT PUBLIC WORKS DEPARTMENT,SECRETARIAT,
THIRUVANANTHAPURAM - 695 033.
5. ADDL.R5- THE CORPORATION OF KOCHI, REPRESENTED BY THE SECRETARY,
P.B.NO.1016, KOCHI- 682011.
6. ADDL.R6-THE CORPORATION OF THIRUVANANTHAPURAM, REPRESENTED BY
SECRETARY, VIKAS BHAVAN (P.O), THIRUVANANTHAPURAM- 695033.
7. ADDL.R7-THE CORPORATION OF KOLLAM, REPRESENTED BY SECRETARY, KOLLAM-
691001.
8. ADDL.R8-THE CORPORATION OF KANNUR, REPRESENTED BY SECRETARY,
P.B.NO.39, KANNUR- 670001.
9. ADDL.R9-THE CORPORATION OF THRISSUR, REPRESENTED BY SECRETARY,
THRISSUR- 680011.
10. ADDL.R10-THE CORPORATION OF KOZHIKODE REPRESENTED BY SECRETARY,
KOZHIKODE- 673001.[ADDITIONAL R5 TO R10 ARE SUO MOTU IMPLEADED AS
PER ORDER DATED 09.10.2018].
11. ADDL.R11 THE CHIEF SECRETARY GOVERNMENT OF KERALA.
12. ADDL.R12 THE STATE POLICE CHIEF STATE OF KERALA.
13. ADDL.R13 THE ELECTION COMMISSION OF INDIA REPRESENTED BY ITS
SECRETARY, NIRAVACHAN SADAN, ASOKA ROAD, NEW DELHI-110001.
14. ADDL.R14 THE KERALA STATE ELECTION COMMISSION REPRESENTED BY ITS
SECRETARY, CORPORATION OFFICE COMPLEX, LMS JUNCTION,
THIRUVANANTHAPURAM-695033. (ADDL.R11 TO R14 ARE SUO MOTU IMPLEADED
AS PER ORDER DATED 13/11/2018)
15. ADDL.R15. THE NATIONAL HIGHWAY AUTHORITY OF INDIA G 5&6,
DABRIGURGAON RD, SECTOR 10 DWARAKA, DELHI - 110 075 [IS IMPLEADED AS
PER COMMON ORDER DATED 17.10.2022 IN WP(C)25784/2019.]
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to direct the 1st respondent to give necessary direction to the
respondents 2 & 3 for removing unauthorized hoardings and flux board
erected near the compound of Girls High School, Kondungallur, till the
disposal of this writ petition.
This petition again coming on for orders upon perusing the petition
and the affidavit filed in support of WP(C) and this Court's order dated
30.01.2025 and upon hearing the arguments of M/S.K.V.SABU & AKHIL K SABU,
Advocates for the petitioner,SRI.K.V.SOHAN, STATE ATTORNEY for R1 to R4,
M/S.BABU KARUKAPADATH & C.N.PRABHAKARAN, Advocates for Addl.R5, SRI.SUMAN
CHAKRAVARTHY, STANDING COUNSEL FOR ADDL.R6, SRI.M.K.CHANDRA MOHAN DAS,
STANDING COUNSEL for Addl.R7, SMT. M.MEENA JOHN for Addl.R8, SRI.SANTHOSH
P.PODUVAL, STANDING COUNSEL for Addl.R9, M/S.BINDUMOL JOSEPH,
B.S.SYAMANTHAK & ANJU ANILKUMAR, Advocates for Addl.R10, ADDITIONAL
ADVOCATE GENERAL for Addl.R11 & Addl.R12, STANDING COUNSEL for Addl.R13,
SRI.DEEPULAL MOHAN, STANDING COUNSEL for Addl.R14, DEPUTY SOLICITOR
GENERAL OF INDIA & SRI.BIDAN CHANDRAN, STANDING COUNSEL for Addl.R15 and
of SRI.HARISH VASUDEVAN, AMICUS CURIAE, the court passed the following:
DEVAN RAMACHANDRAN, J.
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W.P.(C) Nos.22750/2018, 25784/2018, 42574/2018 & 27642/2021
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Dated this the 13th day of February, 2025
O R D E R
An affidavit has been filed by the Additional Chief Secretary to Government, on behalf of the Chief Secretary, pursuant to the directions of this Court in the earlier order dated 30.01.2025.
However, the affidavit is silent as to whether the Government views the actions of the persons mentioned in paragraph 4 thereof to be disciplinary violation. The averments in the affidavit only say that 'some legal actions have been taken', which, in fact, refer to the FIR registered and the collection of fine.
I am afraid that this Court cannot accept this kind of evasive explanation, especially when it is admitted at the Bar by the learned Additional Advocate General that the aspect of disciplinary infractions, if any, by the persons concerned has not been specifically answered.
WP(C)22750/18 & connected 2 I, therefore, give one more opportunity to the deponent, or such other competent Authority of the Government, to file a fresh affidavit in specific answer to the above mentioned order of this Court.
ADDITIONAL REPORT OF AMICUS CURIAE DATED 13.02.2025 Sri.Harish Vasudevan - learned Amicus Curiae, has filed an additional report dated 13.02.2025, producing Annexures A47 and A48.
Annexure A47 of the report is a news item saying that the authorities of the Kanhagad Municipality had been threatened by some people, while they were engaged in removal of unauthorised boards/flags/festoons in terms of the directions of this Court and the Government Orders. As regards Annexure A48, the learned Amicus Curiae brings on record a photograph showing an unauthorised board installed at 'Thammanam', Kochi, on the 'T Junction' of the Stadium Road, installed by an alleged Traders' Union/Association.
The contents of the report are certainly compelling. WP(C)22750/18 & connected 3 I, therefore, direct the State Police Chief to cause an investigation into the incident reported in Annexure A47 through a competent Officer at Kanhagad and make available a report. I record that this has been undertaken to be done by the learned Government Pleader, Sri.Shyam Prasanth.
As regards the board mentioned in Annexure A48, the Secretary, Corporation of Kochi, is directed to inform this Court what action has been taken. The details of the organization which has put up the board, as also the printing press/advertisement agency shall also be made available by the next posting date.
INCIDENT REPORTED BY LEARNED AMICUS CURIAE AT PINARAYI PANCHAYAT As regards the incident at Pinarayi Panchayat, which is reflected in the report of the learned Amicus Curiae dated 28.01.2025, with reference to Annexure A42 news report therein, Sri.Syam Prasanth submitted that a memo has been filed explaining the action taken; but the copy of the same is WP(C)22750/18 & connected 4 not available on file. I, therefore, defer consideration of the same to the next posting date.
Post on 20.02.2025.
Sd/-
DEVAN RAMACHANDRAN, RR JUDGE 13-02-2025 /True Copy/ Assistant Registrar