Kerala High Court
Viju vs Chief Engineer, National Highway on 22 December, 2022
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
Thursday, the 22nd day of December 2022 / 1st Pousha, 1944
WP(C) NO. 25784 OF 2018 (W)
PETITIONER:
VIJU, 45 YRS, S/O.K.T.JOSEPH, PROPRIETOR OF L.K.PROPERTIES, FORMERLY
AT HEAVENLY PLAZA, KAKKANAD P.O., KOCHI - 21 AND NOW AT AVM
BUILDING, EDAPPALLY NORTH, KOCHI - 24, RESIDING AT KACHAPPILLY
HOUSE, PUTHENVELIKKARA P.O., THIRUTHOOR, N.PARAVOOR, ERNAKULAM
RESPONDENTS:
1. CHIEF ENGINEER, NATIONAL HIGHWAY ,THIRUVANANTHAPURAM - 695 033.
2. ASSISTANT EXECUTIVE ENGINEER,NATIONAL HIGH WAY,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
12.12.2022 and upon hearing the arguments of M/S.K.V.SABU & AKHIL K SABU,
Advocates for the petitioner, STATE ATTORNEY for R1 to R4,
SRI.C.N.PRABHAKARAN, Advocate for Addl.R5,SRI.N.NANDAKUMARA MENON(SENIOR
ADVOCATE) ALONGWITH SRI.P.K. MANOJ KUMAR STANDING COUNSEL FOR ADDL.R6,
SRI.M.K.CHANDRA MOHAN DAS, STANDING COUNSEL for Addl.R7, 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 (By order), STANDING COUNSEL for
Addl.R13, SRI.DEEPULAL MOHAN, STANDING COUNSEL for Addl.R14, SRI.S.MANU,
DEPUTY SOLICITOR GENERAL OF INDIA & SRI.BIDAN CHANDRAN, STANDING COUNSEL
for Addl.R15 (By order) and of SRI.HARISH VASUDEVAN, AMICUS CURIAE, the
court passed the following:
DEVAN RAMACHANDRAN, J.
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W.P (C) Nos. 22750, 25784, 42574 of 2018 and
27642 of 2021
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Dated this the 22nd day of December, 2022
ORDER
Additional report filed by the learned Amicus Curiae dated 21.12.2022.
2. The contents of the afore report is gruesome because it says that neck of a lady, riding a two-wheeler, got entangled in a festoon installed illegally on the road; but that due to providential aid she has survived to tell her tale.
3. This Court has been saying throughout that, we cannot wait for tragedies to happen before we react. Entities and people who put up these unauthorised boards, flex, banners, festoons etc; are totally self centered and unmindful of the rights and the liberties of others, under the self aggrandized impression that they own the roads. The putting up of festoons especially is extremely dangerous, since it they are to snap - as seen in the case - two-wheelers and pedestrians would become victims, including death.
W.P (C) Nos. 22750, 25784, 42574 of 2018 and 27642 of 2021 2
4. As this Court has been reminding, the Secretaries of the Local Self Government Institutions would be held responsible for such events.
5. Since such an event has now happened, I direct the Secretary of the Thrissur Corporation to be present personally before this Court at 1.45 p.m. On 23.12.2022. He is advised to ensure that all offending structures are removed and reported to this Court, when he comes.
Hand over.
Sd/-DEVAN RAMACHANDRAN, JUDGE lsn 22-12-2022 /True Copy/ Assistant Registrar