Xncph\´]pcw \Kck`m sk{I«dnbpsS D¯chv \S]SnIÄ Xncph\´]pcw \Kck` þ dh\yq t\m¬ SmIvkv hn`mKw þ A\[nIrX ]ckyt_mÀUpIÄ, _m\dpIÄ, t]mÌdpIÄ, BÀ¨pIÄ XpS§nbh \o¡w sN¿p¶Xv þ kw_Ôn¨v =================================================================================
No. R18/94729/13 Xncph\´]pcw, XobXn: 11/06/2019 =================================================================================
]cmaÀiw: þ WP (C) 22750/18þmw \¼À lÀPnbntòð _lp.tIcf sslt¡mSXn ]pds¸Sphn¨n«pÅ 03/06/19þmw XobXnbnse D¯chv.
D¯chv kqN\ D¯chnte¡v {i² £Wn¡p¶p.
_lp.sslt¡mSXn ap¼msIbpÅ WP (C) 22750/18þmw \¼À tIknsâ
hnhn[ XobXnIfnepÅ D¯chpIÄ {]Imcw Xncph\´]pcw \Kck`m
]cn[n¡pÅnð \Kck`bpsS A\paXnbnñmsX Øm]n¨n«pÅ A\[nIrX
]ckyt_mÀUpIÄ, ^vfIvkpIÄ, _m\dpIÄ, t]mÌdpIÄ XpS§nbh \o¡w
sN¿p¶Xn\v \Kck`m sk{I«dnbpsS IÀi\ \nÀt±i§Ä CtX ^bð
\¼À {]Imcw ]eXhW \ðInbn«pÅXpw, BbXn³ {]Imcw
A\paXnbnñmsX Øm]n¨n«pÅ A\[nIrX t_mÀUpIÄ \o¡w
sNbvXn«pÅXpamWv.
F¶mð _lp.sslt¡mSXn ap¼msIbpÅ WP (C) 22750/18þmw \¼À
tIknsâ 03/06/19þse D¯chn³ {]Imcw Nne Xt±i kzbw`cW
Øm]\§Ä A\[nIrX t_mÀUpIÄ \o¡w sN¿p¶Xn\v hogvN
hcp¯nbn«pÅXv {i²bnðs¸«n«pffXpw, BbXv {]Imcw _Ôs¸« \Kck`m
sk{I«dn¡pw, ^oðUv Ìm^ns\Xnscbpw A¨S¡ \S]SnIÄ
kzoIcn¡p¶Xn\v FðFkvPnUn {]n³kn¸ð sk{I«dnsb
NpaXes¸Sp¯nbn«pÅXpamWv. Sn hnjbw AXoh Kucht¯msS
IW¡nseSp¯nsñ¦nð KpcXcamb {]XymLmX§Ä DïmIp¶XmWv F¶v
kqN\ D¯chn³ {]Imcw ap¶dnbn¸v \ðInbn«pïv.
BbXn\mð _lp.sslt¡mSXnbpsS D¯chnsâ A´:k¯
DÄs¡mïv Xncph\´]pcw \Kck`m ]cn[nbnð Hcn¡ð \o¡w sNbvXv
hoïpw Øm]n¨n«pÅ A\[nIrX t_mÀUpIÄ DÄs¸sS A\[nIrX
t_mÀUpIÄ ASnb´ncambn \o¡w sNt¿ïXpw BbXv
Øm]n¨hÀs¡Xnsc knän t]meokv I½ojvWÀ, Pnñm t]meokv ta[mhn,
tÌj³ lukv Hm^okÀamÀ DÄs¸sSbpÅ t]meokv ta[mhnIÄ¡v dnt¸mÀ«v
\ðIn F^v.sF.BÀ cPnÌÀ sN¿p¶Xn\pÅ \S]SnIÄ sU]yq«n sk{I«dn
dh\yq Hm^okÀ, NmÀÖv Hm^okÀamÀ, dh\yq C³kvs]IvSÀamÀ
F¶nhcpÄs¸« ^oðUv Ìm^v \nÀÆlnt¡ïXmWv. A\[nIrX
t_mÀUpIÄ, ^vfIvkpIÄ, _m\dpIÄ XpS§nbh _Ôs¸« Stake Holders \v
Xs¶ XncnsI Gð¸nt¡ïXpw, SnbmfpIÄs¡Xnsc t{]mknIyqj³
DÄs¸sSbpÅ \S]Sn kzoIcnt¡ïXpamWv. BbXnð bmsXmcpXc¯nepÅ
Aew`mhhpw A\phZn¡p¶Xpañ.
10/06/19 apXð 20/06/19 hscbpÅ XobXn¡pÅnð \Kck`m ]cn[nbnð
Øm]n¡s¸«n«pÅ Fñm A\[nIrX t_mÀUpIfpw dh\yq
C³kvs]IvSÀamcpw, NmÀPv Hm^okÀamcpw \o¡w sNbvXv Hm^okÀamÀ
apJm´ncw sU]yq«n sk{I«dn¡v kaÀ¸nt¡ïXpw, sU]yq«n sk{I«dn
21/06/19þ\v t{ImUoIcn¨v 3 aWn¡p ap¼v sk{I«dn¡v kaÀ¸nt¡ïXpamWv.
_lp.sslt¡mSXn \nÀt±i¯nsâ ASnØm\¯nð \Kck`bnð
\n¶p \ðInbn«pÅ \nÀt±i§Ä ]cnKWn¨v Sn A\[nIrX t_mÀUpIÄ,
_m\dpIÄ, ^vfIvkpIÄ XpS§nbh ASnb´ncambn \o¡w sN¿p¶Xnsâ
NpaXe sU]yq«n sk{I«dn, dh\yq Hm^okÀ, dh\yq Hm^okÀ t{KUv II (sabn³ Hm^okv) NmÀÖv Hm^okÀamÀ, dh\yq C³kvs]IvSÀamÀ F¶nhÀ
\nÀÆlnt¡ïXpw, GsX¦nepw Xc¯nð hogvN Dïmbmð IÀi\ in£W
\S]SnIÄ kzoIcn¡p¶Xpw, _lp.tImSXnbpsS in£W \S]SnIÄ¡v
hnt[bcmbncn¡p¶XpamWv F¶v CXn\mð D¯chmIp¶p.
sk{I«dn \nbpàcm¡s¸« DtZymKØÀ sU]yq«n sk{I«dnþ {ioaXn.Un.{ioIpamcn dh\yq Hm^okÀ þ {ioaXn.e£van
dh\yq Hm^okÀ Gr IIþ {io.km_p.F.Pn NmÀÖv Hm^okÀ h«nbqÀ¡mhv þ {ioaXn.knÔp.Fð IpS¸\¡p¶v þ {io.{]im´v. BÀ
DÅqÀ þ {ioaXn.Pb. sI.Fkv, RO II {ioImcyw þ {io.APn¯vIpamÀ.Pn,
t^mÀ«v þ {io.hnPbIpamÀ RO II, kt´mjv
ISIw]Ån þ {ioaXn.jm\n^.sI, RO II Ig¡q«w þ {io.A\nðIpamÀ.BÀ
Bän{] þ {ioaXn.kpaXn.Un, RO II hngnªw þ {io atljv.än Xncphñw þ {ioaXn.Zo].H t\aw þ {ioaXn.im´n.Fkv _Ôs¸« BÀ.sF amÀ sabn³Hm^okv þ {ioaXn.{io_nµp.Pn.Fkv þ {io.PbIpamÀ.Un þ {io.a[p.Fkv þ {io.a[ptKm]mð þ {io.{]Xm]N{µ³ þ {i.kptcjv.]n. þ {io.km_p._n.F þ {ioaXn ambmtZhn.Fkv IpS¸\¡p¶v þ {ioaXn e£van.sP.AÀ DÅqÀ þ {io _m_pcmP³.BÀ h«nbqÀ¡mhv þ {io jn_p.sI.Fw t\aw/Xncphñw þ {io N{µ_m_p.F t^mÀ«v þ {io N{µ_m_p.kn ,, þ {io DZbIpamÀ.bp ,, þ {ioaXn KncnPIpamcn.sI.Fkv. Ig¡q«w/ISIw]Ånþ {io Pn.kp\nðIpamÀ {ioImcyw þ {io kp\nð.Fkv. Bän{] þ {io kpPn¯v hngnªw þ {io kpP³ ]IÀ¸v:þ 1. _lp.tabÀ 2. _lp.sU]yq«n tabÀ 3. BÀ 18 sk£³ 4. Hm^okv tIm¸n Fkv. BÀ
f.
IN THE HIGH G(INT OF KERALA AT ERilAKULAil
Present:
TI{E HOHOURABLE N. JU.STTEE DEVAN RAHACH-AIIDRATI
Flondayn the 3rd day of June ?eLg/tgth Jyaishta, tg4!vPICt .h."27s8lasas'Pl
PETITTOilER:
ST-STEPHEN'S 1'iALAT{I(ARA CATHOLIC CHURCH,KATTAI{A},| VfLLAGE, BH R TICKAVU, ALAPPUZHA,REPRESENTED BY TTS TRTISTEE SILVY GEORGE,AGED 48 YEARS, S/O.GE(nGE, itAilKAVrL,KATTANAFT VTLLAGE, BIIAR TICKAVU, ALAPPUZHA.
RESPOIIDENTS:
1. STATE OF KERALA, REPRESEITED BY THE PRIIIICIPAL SECRETARY,PUBLIC lroRXS DEPARnETT, €(rrrERtilEltT SECRETARTAT,THIRUVAI{AT{THAPURAII - 695 EO1 -
AIID OT}IERS.
hrrit Petition (civil) prayiqg inter alia that in the circumstances statedin the affidavit filed al-ong with tire H.P(c) the nigh court be pieased to eiirectthe 5th and 6th respondents to forthvith consider and pass orders on Exts.p6 andP3 representations, pending the final disposal of this writ petition.
This petiticn again ccming on far orders upcn perusing the petition andthe affidavit filed in support of |l.P{c) and this Court's order dated zs/og/agand upon hearing the arguments oi iils.GEoRGE vnRGHEsE pERUFIpALLTKUTTTvTL,
A'R.DILEEP' iiAliu SEB*ISTIAF{, P.J,JOE PAUL & RAJAil G.6Et}RgE, Advocates for thepetitioner,sRr.K.v.soHA!|, srATE ATT(RftEy far RX to R6, R9, AddI.R17 & R18,SRI.VINCENT JOSEPH, Advocate for R8, }I,/s.LAL.K.J0SEPH & ZIYAD RAHFIAN, STANDINGcouilsEL for Addl. R10, sRr. BABU KARI KAPADATH, srANDrrttc couNSEL for Addl. R11,SRI-N.HANDAKUItARA IqENON, SEtttIOR ADvtrcA-TE along with SRLfitANOJ KUllAR, STAt{DIilGcoul'lsEl for Add1.R12, sRr.t{.K.cHAttDRAttoHAt{ DAs, sTAitDrNG couNSEL for Addr.R13,SRT.K.K.CHANDRAN PILLAI, SENIOR ADVOCATE along with p/S.AltBILy.S.,ilAMITtIA NAI|BfAR' SAJI THOMAS & VAI{IA }IARIA DOIIIfNIC & SRf .ISSAC.trl.pERUIrlpILLrL,STANDING COUNSEL for Addl.R14, SRT.SANTHOSH.p.PODUVAL, STANDTNG COUNSEL forAddl.R15, SFIT.BTNDUFIOL JOSEPH,Stitr.AilJU ANIL KUFTAR & SRr.SYAFIAI{THM, STANDTNGcOuNsEL for Addl.R16,sRr ltluRAlr PURUSHoTHAIIAN, srANDrltG cour{sEL for Addl_.RL9 andnoor'nzg and of sRr.HARrsH VASUDEVAII, AHTCUS CURTAE, the court passed thefoll-owing: -
sts
lP. r. ol
#
e
{
- = - = =:AT Y=atH3H: J='=
= = = =
I:il?Iii?-?'i!:?-:1Yi33Yi=:'3::Dated this the 3d day of June, 20L9
ORDER
The obdurately unending menace of unauthorized
Boards/BannerslFlags continue in Kerala and show no sign of
control-
2. This Court began consideration of these matters on
27.a7.2o18 and even though twelve orders have been issued
thereaft,er, it indeed is distressing that such unauthorized
Boards/BannerslFlags are even today allowed on the public
spaces and road sides by the Local seH Government
Institutions without any action being initiated by them. This
intransigence exhibited by the Secretaries and field staff of
the various SeIf Government Institutions is a direct affront on
the Rule of Law and therefore, in my view, it is time to address
this with the seriousness that it requires.
3. The learned Amicus Curiae, Sri.Harish Vasudevan,
adds that among the thousands of Boards that are now found
on the public spaces in Kerala, a new phenomenon is seen,
wherein persons and entities are indulging in indirect
advertisements by publishing the names and photographs of
children, proclaiming their academic excellence with the
headings "a11 A+"', "congratulations for securing A+ in all
#;
.-aa
W.P.(C)Nos.227 50, 257 84 &. 4257 4 of lO1 B
2
subjects" and such other. He says that these Boards are also
within the ambit of the various orders of this couft, but that
the secretaries and Field staff of the various Local setf
Government Institutions appear to be deliberately oblivious to
these and that individuals and entities are now placing these
Boards with renewed vigour, setting at naught the results that
were obtained in the past when lakhs of such Boards had
been removed from public spaces. The learned Amicus curiae,
submits that unless urgent action is taken, things will spiral
out of control and will return to square one.
4- I, therefore, asked sri-K-v.Sohan, the learned state
Attorney, as to the action taken by the concerned Authorities
and he says that whenever the Secretaries and the Field staff
of the Local Self Government Institutions had been found
wanting, action has been taken and he promises that such
action will continue in the future also. He refers to the
circular, dated 26.r\.2oLB, issued by the Government of
Keraia, wherein, aii the Local serf Government Institutions
had been notified of the Government's resolve to take action
against the secretaries and Field staff in case of violations
and hb says that this court may, if so necessary, issue firm
#
Af,::t
W.P.(C)Nos.227 50, 257 84 &. 4257 4 of 201 B
3
orders niith respect to such action to be taken in future, so
that implicit compliance will be obtained to bring down thismenace once and for all.
5. As I have indicated above, among: the orders that Ihave issued in these cases for about a year, the order dated
23-7a-2al1, makes it unequivocally clear that alr theunauthorized Boards/Banners/Flags found in the public ,areas
in this state after 30.10.2018 will become the personal
liability of the concerned staff, including the Secretary, of thevarious Local self Govemment Institutions. This order had
been issued taking note of the su'bmissions of Sri-K.VSohan,
the learned state Attorney, that the responsibility of removingthese Boards are squarely with the Local SeIf Government
Institutions and not with the Governmenl
6, Thereafter, adverbing to the practicar difficultiesstated to have been faced by the Locar Serf Government
Institutions, I had again issued orclers extending the time rines
and finally by the order, dated 15.01 .za1.g, the Local serfGovernment Institutions were clearly told to remove the,Boards that were available on that day and return it to thepersons/entities who have instarled it, with strict action to be
W.P.(C)Nos.227 50, 257 84 &, 4257 4 of 20t B
4
taken against them thereafter- This order
the order dated 26-02-20lg, wherein the
were [rade:
was followed up by
following directions
A1:
1O- Certainly, therefore, tfu time has come far this Court, to take
cognizance af this and issue orders.
I therefor.e, ofier:
(a) That aII unauftorised flex .boards/advertisement
boards/bannerc/flagsfhnfiirys which are Eow remaining on the
public spaces/streets in this sbte shall be fofihwith removed bythe secretaries af the concened Local self Goverzment
Institutions within a period 610 days from today.
(b) Every una u th orised bnfi/bnner/flag/hoardiag which rem ains
afrer 10 days from today wiII bcome the personal responsibility
of the cancerned secrcbty/Field staff of the Local selfGovernment rnstitutions; and as I have already cautioned in my
earlier order dated 23.10.2019, the advertisement tariff and
penalties for such boards wiII be recovered fram such ofEcers,
through a personal recovery action to be initiated under the
prouisions of law, including the Revenue RecovetyAct.
(c) since the state Government, as has been stated before me.by
shri.K.v.sohan, has uirtually adopted the stand that they have no
effective mechanism in enforcing orders against the secretaries ofthe Local self Government Institutions, and consequently, that the
entire responsibility to enforce such orders/ directives are on such
officers, I order that the Disrict collectors of the respective
#
Ati
W.P.(C)Nos.22750,25784 & 42574 of 2018
5
districts shall, after a period of L0 days from today, cause an
inspection of the territory under them and inftiate action with
respect io each unauthorised board/ banner/flag/Itoarding and
make the concerned secretary/Fietd staft of the said Institution
petsonally responsible and initiate action against them.
(c) The concerned secretary/staff of the LocaL Govetnment
rnstitution shall, within the nert ro da5s, remove ach of the
unauthorised boards/ banaergtlags/ hoatdings, but sharl notdeposit them in the public disposat system and shall tetutz achaf them to the percons/entities who place or erect it illegaily. They
shall also, in addition to this, charge these percons/entities the
apphcable Tariff and penaltyr and initiate action for recovery,
failing which they wiII became responsible for such amounts. rfitrther arder that when tny unauthorised ,board/
tlag/banner/hoarding is detected and consequentialy removed
and returned to the entity/person, an appropriate criminal case
either under the rpc or under the rrighway Act or under the
Po|ice Act or aII of them shall be charged and regristered against
the persons/entities responsi.ble for its erection and the stationr{ouse officer af the Loca| police station wiII be responsible forthe registration and investigation of such otfencet once
information to that effect is given by the LocaL self Government
Institutions to them. 7
(e) The state Police chief will ensure that aII station rrouse
officers of the police stations under him are adeguatery
instructed to register cases against the entities/persons who erect
P.(C)Nos.22750,25784 &. 42574 of 2C1B
6
such unauthorised furW banners/flags/hoardingt once such
infotmation is given to tfum by the Authorities of the Local selfGovernitent Institutions ail that investigatian into such crime
sball be conducted withut fear or favour
(O state Police chief wiII also insauct the station r{ouse afficers
af aII Police stations to atrofi effective and adeguate protection
to the secretaries, Field sbff and other employees of the Local
self Government Instihtfims, whenever such a reguisition is
nade. so as to enahle strch perwns to act in terus af this arder
without intimidation.
(g) Euen though the Gavanment has apltainted two officers at
the highest level as the vldal otfricerso, the experience in the
past few months has shown that these officers have thoroughly
failed in what was enfuustd to them; and r, therefare, am af the
firm apinion that a NdaI afficer far each distict now becom*
imperative. 1 resultantly direct the Government ta appoint the
respective Deputy Directors of panchayaths and Regional JointDkectars of urban Atrai$ to be the Nodat afficers, nrho wiII
oversee the implementation of the orders of this court as weII as
the circularc and orderc of the Government and they wiII be in
overall supetwision and confuo( over the entire exercise in future.
The notifrcation for this purpose shall be issued by the principal
secretary, Local Government Institutions, within a period of one,
week fivm the date of receipt of copy of this order.
(h) The respective Deputy Directars of panchayaths and the
Regional Joint Directors of urban A-tfairc wiII publish their phone
#;
W.P.(C)No s.227 5O, 25784 &. 4257 4 of 201 3
7
numbers, e-mail addresses and whatsapp numbers, if auaila-ble,
by making suitable notifications and publications, so that any
:,membir of the public and the citizeuy of this State can
approach said officers, whenever a uiolation is noticed by them.
This shall be done by the respective office$ without any delay
but within a period of three days after the Government notifies
them as the NodaI Offrcers.
11. This order will continue to be in eff*t and wiII rcgruIate
every unauthorised board/banner/flag/hoarding that may be placd in
the public places of the State until further otders aad that the
Sxrebries/Field Statr wiII ensure that the
boards/banners/tlags/troardings erected bereinafter be removed in the
sane manner as has been directed in this arder without fail.
12. I ftrrther direct the kincipal-secretary, Local SeIf
Government Institutions as also the State Palice Chief to commanicate
this order to aII the Loca| SeIf Government Institutions, District
Collectors, Deputy Directots of Panchayaths and Regional Joint
Directors of tlrban Affairc and the Police Stations forthwith by E-mail,
fax etc."
7. In the backdrop of the afore n€rrration, it is
indubitable that if this State has not yet been able to get
control over this grimacing menace, it clearly points to the
abdication of duW and complete insouciance of the Secretaries
and Field Staff of the Local Self Government Institutions. This
{
w.P.(C)Nos.227 5O, 257 84 &. 4257 4 d !18
a
Court cannot keep on passiry rders after orders, which seem
to be virtually disregarded b5r fu yarious Authorities; and I,
therefore, &il of the view that hinent action.requires to be
taken, as regrards the various qders of this Court, by the
concerned offrcials.
/ 8. As a prelude, I dlrcrt the District Collectors to
conduct a thorough survey of, " territories under them and
identiff the unauthorised BoardslBannerslFlags still
remaining in public spaces in vblation of law; and to furnish
their reports to the principal Secretary, Local Self
Government Institution, Governnent of Kerala, within a period
of three weeks from the date of receipt of a copy of this order.
The Principal Secretary nrill, thereafter, initiate action against
the concerned officials, including Secretaries and Field staff
of the Local self Government Instihrtions, who are in violation
of the various orders of this Court, particularly the order
dated 26.02.201.9, afore extracted-
/g.{ I am persuaded to the afore course also because,
over the last one year and in the span of the last twelve orders
that have been issued by this court, the secretaries and Field
Staff of the Local 'Self Government Institutes have been
#'- '!a:
W.P.(C)Nos.227 50, 257 84 &. 4257 4 of 201 B
9
sufficiently warned as to the consequences they will have to
fac1, if they continue to show lackadaisical approach to the
implementation of the orders and directions of this Court,
which is conceded to be a matter of great public importance
even by the learned State Attorney./
fia. The Principal Secretary, Local Self Government
Institutions will thus file an affidavit before this Court
detailing the action taken by the Secretaries and Field Staff of
the various Local Self Government Institutions found acting
in violation of the orders of this Court, as also the action taken
to ensure that those Officers are forced to comply with the
lawful directions and circulars issued by the Governmenf
pursuant to the proceedings in these writ petitions.
After I dictated this order, the learned Amicus Curiae,
submits that one of the primary reasons why tlris menace has
continued unabated is because the persons who perpetrate
this have no fear for its consequences- He says that if the
concerned Local Self Government Institutions had acted in
terms of the afore extracted orders of this Court and had
registered cases against the entities and persons who installed
these Boards, then substantial control could have been
w.P.(C)No s.227 50, 257 84 & 4257 4d ZOtB , r-r', 1.-,
! 1,r_.t: .'1
obtained over rhis problem- I find gr;; forbe iri'lr,rr"submissions of sri.Harish vazudevailt'diid.i" ;irr, tt qiufor*,' ;f''the view rhar rhe principar secrera# ir"J; lirio i"f6drr;court as to rhe number of F-r-Rs rhat hdve ndg:n ?ef*t'd$dwith respecr ro rhe unaurtrorir"tutbouio"leJ,,LL*rFHdi:. - ;
. ".:4
erected on the streets and public "p#l?tof lils state:-as,arsu,:s, . . :: *,
!,
the action taken thereon againstnu purtri'u't'fi,ttir. '1" f i'- ",. ''; ,,,-,...r.'.. ,-ri:. ..I reiteratingly direct that none of the unauthb.dLed ,*, t i , ,.
,.
Boards now found on the streets/public ,r;#u,o
-twill be taldetr' -0. 1 .t . t
to the public disposal spaces but wili iet'iutrtrtboqo .the;. t, . ,;ll' r
persons who instarled it unauthorire'arv,"'irt"tu.iria" o|f*rdu r,r .*
10
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rrl r
I t.'rr
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"t) *J,r i:='.
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a-t -
direcrions of rhis courr in rhe orde".d;fJ; y6.oi:zorg.ardrrl] ;o*,'t
exrracred and apposire criminar "ur*tj
r;fr:lfi;a "6ramgr
rhdin:
Anv violation of this by the officiats of rh"'t";if 'S;fi',
Government Institutions will face severe action from thisCourt, if so warranted in fufure.
Post on L 7 .OZ .201.9.
ASSISTAITIT REGISTRARY"s/true copy/