Kerala High Court
Viju vs Chief Engineer, National Highway on 25 August, 2023
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
Friday, the 25th day of August 2023 / 3rd Bhadra, 1945
WP(C) NO. 25784 OF 2018 (W)
PETITIONER:
VIJU, 45 YEARS, 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 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
08.06.2023 and upon hearing the arguments of M/S.K.V.SABU & AKHIL K SABU,
Advocates for the petitioner, 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,
27642 of 2021 and 42160 of 2022
==========================
Dated this the 25th day of August, 2023
ORDER
Sri.Harish Vasudevan - learned amicus curiae, bemoaned even today that the directions of this Court are not being complied with. He brought to my notice that there are widespread violations in almost every part of the State, particularly in Kodungallur and the internal parts of the Cities.
2. This Court also has judicial notice of the afore facts; and this is surprising because, specialised Committees have already been constituted by the State, under my earlier orders. This can only mean that the said Committees are not doing what they are expected to do.
3. This Court is not powerless and will certainly not shy away from taking necessary action, if it is pushed into such a situation. This is meant to be a warning for the members of the various Committees already constituted at the State, District and LSGI levels.
4. Sri.Shyam Prasanth - learned Government Pleader appearing for the State functionaries, submitted that he will take instructions, particularly with respect to Kodungallur and W.P.(C) Nos.22750/2018 & con.cases 2 the internal areas of the cities. He also undertook that the Committees will be specifically instructed to act quickly and swiftly, particularly to remove the available illegal boards to the holding areas ordered by this Court; and to charge the perpetrators for doing so and for its final disposal.
Resultantly, as on today, I am of the view that the following directions are necessary:
(a) The Secretary of the Kodungallur Municipality will, through the learned Government Pleader, file a report before this Court regarding the area within his control. The committee constituted for this purpose will be consulted and action taken with their concurrence.
(b) The various committees constituted as per the orders of this Court, at the State, District and LSGI levels, will file their Action Taken Reports, showing the number of boards removed; the number of boards returned; and the amounts of expenditure recovered for such purposes, before this Court through the learned Government Pleader, by the next posting date. The report will also contain full details about the number of cases registered against perpetrators and the action taken.
W.P.(C) Nos.22750/2018 & con.cases 3
(c) I deem it necessary to put the members of the various committees on notice that if, in spite of the various directions, they are found wanting in their responsibilities, they will be asked to offer personal explanation, including as to why initiation of action under Article 215 of the Constitution of India be not done.
(d) The Secretary of the Local Self Government Institutions, Government of Kerala, is hereby directed to ensure that the afore directives are communicated to the Secretaries of all the Local Self Government Institutions by apposite methods, within a period of five days from the receipt of this order.
List on 19.09.2023.
H/o.
Sd/- DEVAN RAMACHANDRAN, JUDGE stu 25-08-2023 /True Copy/ Assistant Registrar