Kerala High Court
Viju vs Chief Engineer, National Highway on 30 January, 2025
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
Thursday, the 30th day of January 2025 / 10th 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
15.01.2025 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, SRI.S.MANU, 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.
=========================
W.P.(C) Nos.22750, 25784, 42574 of 2018,
and 27642 of 2021
==========================
Dated this the 30th day of January, 2025
ORDER
Read order dated 24.01.2025.
2. The learned Additional Advocate General, Sri.Ashok M. Cherian, instructed by Sri.Shyam Prasanth - learned Government Pleader, submitted that the State proposes to file an affidavit in response to the afore order; and sought time till the next posting date for such purpose.
3. Sri.Suman Chakravarthy - appearing for the Thiruvananthapuram Corporation, however, submitted that the Advertisement Agency mentioned in the afore order has been served with a show cause notice on 29.01.2025, as to why further action be not taken.
4. I notice that a report has been filed by Sri.Harish Vasudevan - learned Amicus Curiae, dated 28.01.2025, producing certain documents and making very serious averments.
5. By the earlier order of this Court, it was made luculent that if the Authorities do not act in terms of the Government orders and the directions of this Court, they will be proceeded with personally; and further that the Police Authorities will offer all necessary assistance and to register FIRs against the violators. In fact, the W.P.(C) Nos.22750, 25784, 42574 of 2018, 27642 of 2021 2 State Police Chief is also admitted, by the learned Government Pleader, to have issued a Circular to the afore effect to all officers under him.
6. The learned Amicus Curiae says that, however, when Secretaries and Officers of the various Local Self Government Institutions try to discharge their duties, they are being threatened by vested interests. He points out to Annexure A42 report in substantiation, with respect to a particular Panchayat. If the statements of the learned Amicus Curiae and the contents of Annexure A42 newspaper report are true, then it presents a very piquant situation. However, it requires to be verified if these allegations are true. The learned Senior Government Pleader, however, submitted that the Police do not appear to have received any complaint as yet, but that necessary enquiries to find the truth will be done, if this Court so orders. This Court has no doubt that a factual investigation is imperative because if officials are threatened and intimidated while discharging duties in deference to orders of this Court, the Police are enjoined to act even without formal complaint.
7. I, therefore, direct the State Police Chief to cause an enquiry, through a competent officer of not less than the rank of Superintendent of Police, into this and file a report before this Court by the next posting date.
W.P.(C) Nos.22750, 25784, 42574 of 2018, 27642 of 2021 3
8. The report of the learned Amicus Curiae further points out to Annexures A43 and A44, which involve the SHO of the Aluva East Police Station and to Annexure A45 letter issued on behalf of the Commissioner of Police, Thrissur by the Additional Superintendent of Police, Thrissur respectively. In fact, Sri.Santhosh Poduval - learned standing counsel for the Thrissur Corporation, affirms that his client has received Annexure A45. I have again no doubt that the State Police Chief must look into these documents and report before this Court.
9. Finally, I also direct the learned Government Pleader to specify the measures taken by the competent Authorities to open a website for the purpose of enabling citizens to report illegal action by the next posting date. I order this, being fully aware that certain responses are on record, but the efficacy of which does not appear to be very clear. For this, it will be apposite if the concerned Secretary of the Government appears online when the case is next posted for effective interaction. I so order, subject to the convenience of the said officer.
For all the afore, list on 12.02.2025.
Sd/- DEVAN RAMACHANDRAN, JUDGE stu 30-01-2025 /True Copy/ Assistant Registrar