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

#

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{

- = - = =: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

' ," ' t.'t,J,t';

"t) *J,r i:='.

' \.'t. .

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/