Kerala High Court
Viju vs Chief Engineer, National Highway on 14 December, 2023
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
Thursday, the 14th day of December 2023 / 23rd Agrahayana, 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
06.12.2023 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.
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WP(C)Nos.22750/2018, 25784/2018, 42574/2018/
27642/2021 & 42160/2022
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Dated this the 14th day of December, 2023
O R D E R
Sri.Shyam Prashanth - learned Government Pleader, submitted that the Committees entrusted by this Court are removing the illegal boards, flags and banners and are collecting the fine, as authorized, at the rate of Rs.5,000/- per piece.
2. Sri.Harish Vasudevan - learned Amicus Curiae, however, submitted that there are still several unauthorized boards and flags all over the State; and that he will file a report showing non-compliance.
3. If the submissions of Sri.Harish Vasudevan are correct, then it is amazing because, when this Court has already directed that fine be imposed on every unauthorized installations - which would enable the State and WP(C)Nos.22750/2018, 25784/2018, 42574/2018/ 27642/2021 & 42160/2022 -2- Local Self Government Institutions to generate revenue to a large extent - if the Committees are still not up to it, then the same discloses something bad.
4. Indubitably, this will mean loss of revenue; and the District Collectors and other heads of the Committees will certainly answer this in due course.
5. This Court, therefore, deems it necessary to notify the Committees that any laxity in the collection of fines, which is to the benefit of the State and Local Self Government Institutions, would bring responsibility on the members of the Committees; and this shall be enforced as and when information is received.
List on 09.01.2024.
Sd/-
DEVAN RAMACHANDRAN
H/o JUDGE
akv
14-12-2023 /True Copy/ Assistant Registrar