Kerala High Court
Viju vs Chief Engineer, National Highway on 11 December, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
Wednesday, the 11th day of December 2024 / 20th Agrahayana, 1946
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
27.06.2024 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.
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W.P.(C) Nos.22750/2018, 25784/2018, 42574/2018, 27642/2021 &
42160/2022
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Dated this the 11th day of December, 2024
O R D E R
Dr.Sharmila Mary Joseph, IAS - Principal Secretary, Local Self Government Institutions, appeared today and explained the steps taken in consonance with the directions of this Court.
2. I certainly appreciate what the Officer has informed this Court; but it must be remembered that what this Court wants is not explanation, but real action.
3. Sri.Harish Vasudevan - learned Amicus Curiae, submitted that, in view of the peremptory orders issued by this Court on 04.12.2024, there has been some change noticed in the streets of the State, particularly in the urban areas; though with respect to the rural areas, its effect does not seem to have percolated well enough. He added that even major political parties are putting up illegal boards/flags/festoons, but that the WP(C)22750/18 & connected 2 Secretaries appear to be scared of acting because of fear of repercussion and retribution. He complained that the District and Local Level Committees constituted by this Court are not functioning; and that the Joint Directors of urban affairs are not informing this Court through necessary reports. He concluded imputing that, though the Government came out with a Circular dated 06.06.2023, pursuant to a meeting chaired by the Hon'ble Chief Minister in June 2023, to amend the all relevant laws, no action has been taken.
4. Dr.Sharmila Mary Joseph, IAS, at this time, informed that the Government has already issued a Circular dated 10.12.2024, imbibing the spirit of the directions of this Court dated 04.12.2024; and explained that nearly Rs.2 Lakhs of unauthorised flags and boards have been removed and Rs.98 Lakhs worth fine imposed. She, however, conceded that only Rs.13 Lakhs, or so, have been recovered so far.
5. This Court certainly appreciates the efforts taken by the Officers concerned, but it cannot be lost sight of that WP(C)22750/18 & connected 3 majority of the boards are put up by persons/entities who have affiliation to some kind of power. In fact, the learned Amicus Curiae says that, even Government sponsored boards are available throughout the State, particularly in Thiruvananthapuram; and that if the Circular dated 10.12.2024 contained a direction that no board containing the identity, name, or pictures of any of its functionaries could be put up, many of the issues we face today could be totally resolved.
6. I find the afore suggestion of the learned Amicus Curiae to be extremely vital because, if the Government takes the step forward, of not allowing any of its functionaries to be featured in any unauthorised board or flags, it would certainly set a great example.
7. As far as political parties are concerned, they ought to be aware that they are expected to provide good guidance to people and therefore, cannot be seen to be in violation of the Rule of law. When they put up illegal and unauthorised boards/flags/festoons, knowing fully well the consequences - WP(C)22750/18 & connected 4 both legally and otherwise - it can only be construed that they have no respect for law and hence, contrary to the purposes for which they are envisioned.
8. As far as the Secretaries of the Local Self Government Institutions are concerned, they do not require to harbour any fear and they should not, because this Court now offers them every protection as necessary. The earlier District Level and other Committees were enlivened by this Court for this purpose, but it does not appear to be having the desirous result.
9. Therefore, it is now necessary that this Court clarify that if any of the Secretaries are attacked, or intimidated, by any person, while discharging their duties in furtherance of the directions of this Court, it would be up to them to place it before this Court for appropriate action; which will certainly culminate in every consequence, including under the Contempt of Courts Act and under Article 215 of the Constitution of India. When this Court offers such guarantee, it can never be WP(C)22750/18 & connected 5 countenanced that the Secretaries of the Local Self Government Institutions take a stand that they are still scared.
10. Dr.Sharmila Mary Joseph, IAS, submitted that she will appear online on the next posting date also, to appraise this Court of further action, including Circulars by the Government, after considering whether boards involving its functionaries can be now done away with totally. She also offered to place on record the details of the boards removed and the fines charged and collected, particularly from the various political parties; and committed herself, on behalf of the Government, that our streets will be endeavoured to be kept clean, which is the fundamental edifice of programs like 'Suchitwa Mission' and such other.
Post these cases for further consideration on 18.12.2024.
Sd/-
DEVAN RAMACHANDRAN, RR JUDGE 11-12-2024 /True Copy/ Assistant Registrar