Kerala High Court
St. Stephen'S Malankara Catholic ... vs State Of Kerala on 23 December, 2022
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
Friday, the 23rd day of December 2022 / 2nd Pousha, 1944
WP(C) NO. 22750 OF 2018
PETITIONER:
ST. STEPHEN'S MALANKARA CATHOLIC CHURCH, KATTANAM VILLAGE,
BHARANICKAVU, ALAPPUZHA, REPRESENTED BY ITS TRUSTEE SILVY GEORGE,
AGED 48 YEARS, S/O GEORGE, MANKAVIL,KATTANAM VILLAGE, BHARANICKAVU,
ALAPPUZHA.
RESPONDENTS:
1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY,PUBLIC WORKS
DEPARTMENT, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM-695 001.
AND 20 OTHERS
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 5th and 6th respondents to forthwith consider and
pass orders on Exhibits P6 and P3 representations, pending the final
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
22.12.2022 and upon hearing the arguments of M/S GEORGE
VARGHESE(PERUMPALLIKUTTIYIL), A.R.DILEEP, P.J.JOE PAUL, MANU SEBASTIAN
and RAJAN G. GEORGE, Advocates for the petitioner, SRI.K.V.SOHAN, STATE
ATTORNEY for R1 to R6, R9, Addl. R17 and Addl. R18, SRI. ASHOK M. CHERIAN,
ADDITIONAL ADVOCATE GENERAL & SHYAMPRASANTH for R1 to R6, GOVERNMENT
PLEADER for R9 & R17, SRI.VINCENT JOSEPH, Advocate for R8, LAL K. JOSEPH,
STANDING COUNSEL for Addl. R10, M/s. BABU KARUKAPADATH & C.N PRABHAKARAN,
STANDING COUNSEL for Addl. R11, SRI.N.NANDAKUMARA MENON, Senior Advocate
along with SRI.P.K.MANOJKUMAR, STANDING COUNSEL for Addl. R12,
SRI.M.K.CHANDRA MOHAN DAS, STANDING COUNSEL for Addl. R13,
SRI.K.K.CHANDRAN PILLAI, Senior Advocate along with M/s. S.AMBILY,
SMT.NAMITHA NAMBIAR, SAJI THOMAS, VANIAH MARIA DOMINIC, M. MEENA JOHN and
ISSAC M PERUMPILLIL, Advocates for Addl. R14, SRI. SANTHOSH P.PODUVAL,
STANDING COUNSEL for Addl. R15, M/s. BINDUMOL JOSEPH, B.S.SYAMANTHAK and
ANJU ANILKUMAR, STANDING COUNSEL for Addl. R16, PREM CHAND R NAIR FOR
Addl. R18, DEEPU LAL MOHAN, STANDING COUNSEL for Addl. R19, M/s. KODOTH
SREEDHARAN, DEEPU LAL MOHAN for Addl. R20, SRI.S.MANU, DEPUTY SOLICITOR
GENERAL OF INDIA AND SRI BIDAN CHANDRAN, STATNDING COUNSEL FOR Addl. R21,
SRI. HARISH VASUDEVAN, AMICUS CURIAE, the court passed the following:
p.t.o
DEVAN RAMACHANDRAN, J.
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W.P (C) Nos. 22750, 25784, 42574 of 2018,
27642 of 2021 and 42160 of 2022
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Dated this the 23rd day of December, 2022
ORDER
Sri.Rakesh Kumar - Secretary, Thrissur Corporation is present in person, in obedience to the order of this Court dated 22.12.2022.
2. He affirms that the incident, as reported by the learned Amicus Curiae, has happened; and added that he is proposing to take statement from the victim.
3. Sri.Santhosh Poduval - learned counsel representing Sri.Rakesh Kumar, submitted that most of the time, the Secretaries of the Local Self Government Institutions are fearful of acting because, the persons who perpetrate the menace of unauthorised boards, banners, flex, festoons, etc, are very powerful politically and otherwise.
4. Sri.ShyamPrasanth - learned Government Pleader, submitted that, subsequent to the Government Order dated 12.12.2022 and the directions of this Court, Committees W.P (C) Nos. 22750, 25784, 42574 of 2018, 27642 of 2021 and 42160 of 2022 2 have been constituted with all the stakeholders; and therefore, the afore mentioned apprehension of the Secretaries of the Local Self Government Institutions have been allayed, since they are not acting alone any more. He pleaded that this Court give sometime for the Committees to act, particularly in cities like Thiruvananthapuram, where the area is large and the number of violations are also more.
5. I must say that unless stringent action now follow from this Court nothing will change in the ground level. In spite of several orders, entities and people spurred by self- promotion - are still daring to put up boards, banners, flex, festoons etc, in blatant disregard to the life of other citizens. As in this case, if the victim had been injured or killed, then the situation would have been totally different; but again, it would be his/her family which alone would have been impacted. The indifference of the official system, to the safety and lives of road users, including pedestrians, is not merely distressing, but shocking and liable to be severely deprecated.
6. This Court can never understand how the self promotion of certain entities or people are more important than the lives of citizens.
W.P (C) Nos. 22750, 25784, 42574 of 2018, 27642 of 2021 and 42160 of 2022 3
7. Indubitably, therefore, this is a case where this Court will be justified in taking further action. However, his learned counsel, Sri.Santhosh Poduval, seeks one more chance to file an affidavit, explaining the true sequence of events, saying that there are more things unsaid than what has been yet disclosed.
8. I, therefore, adjourn this matter to be called on 12.01.2023.
9. As far as the Secretaries of other Local Self Government Institutions are concerned, they are put on notice that this Court will not shy way from calling them also, should the violations be allowed to continue, in spite of the Committees having been constituted. I record the submission of Sri.ShyamPrasanth - learned Government Pleader, that the Secretary, Local Self Government Department, Government of Kerala, is actively monitoring the situations and that steps will be taken, throughout the state, to rid the menace, without any delay.
Sd/-DEVAN RAMACHANDRAN, JUDGE lsn 23-12-2022 /True Copy/ Assistant Registrar