Kerala High Court
Dejo Kappen vs State Of Kerala on 21 October, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
Thursday, the 21st day of October 2021 / 29th Aswina, 1943
WP(C) NO. 22557 OF 2015
PETITIONER:
DEJO KAPPEN ,AGED 55 YEARS S/O.LATE K.C.JOSEPH, KAPPIL HOUSE,
MEENACHIL P.O, KOTTAYAM DISTRICT.
RESPONDENT:
1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO THE
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM- 695 001.
2. DIRECTOR GENERAL OF POLICE (STATE POLICE CHIEF )KERALA, POLICE HEAD
QUARTERS, THIRUVANANTHAPURAM 695 001.
3. TRANSPORT COMMISSIONER AND ROAD SAFETY COMMISSIONER KERALA ,TRANS
TOWERS, VAZHUTHACAD, THIRUVANANTHAPURAM 695 001.
4. PRINCIPAL SECRETARY ,LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM 695 001.
5. PRINCIPAL SECRETARY ,PUBLIC WORKS DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM 695 001.
6. THE KERALA STATE DISASTER MANAGEMENT AUTHORITY, REPRESENTED BY ITS
MEMBER SECRETARY, TRIVANDRUM 695 001.
7. THE MANAGING DIRECTOR ,STEEL INDUSTRIES LTD., KERALA (SILK), ATHANI
POST, THRISSUR DISTRICT-680581
8. NATIONAL HIGHWAYS AUTHORITY OF INDIA, G.5 AND 6 SECTOR -10, DWARAKA,
NEW DELHI -110 075, REPRESENTED BY ITS SECRETARY.
ADDL. R9 IMPLEADED
9.KERALA ADVERTISING INDUSTRIES ASSOCIATION REG.NO.EKM/TC/536/2012,STATE
OFFICE IVTH FLOOR, MATHEWSONS TRADE CENTRE, NEAR TVS,KALOOR,
COCHIN - 682 017, REPRESENTED BY ITS PRESIDENT VARGHESE THOMAS.
IS IMPLEADED AS ADDITIONAL RESPONDENT NO.9 VIDE ORDER DATED
03/09/2015 IN IA 12315/2015
ADDL. R10 IMPLEADED
10.P.V.JAYAKUMAR AGED 45 YEARS S/O.VELAYUDHA MENON, MANAGING PARTNER,
PREA ADVERTISING AND MARKETING, 1ST FLOOR, SRILAKSHMI BUILDING,
S.A ROAD, ERNAKULAM - 682 036.
IS IMPLEADED AS ADDITIONAL RESPONDENT NO.10 VIDE ORDER DATED
22/09/2015 IN IA 12982/2015
P.T.O
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:
(a) Issue appropriate orders staying the operation of Exhibit P8.
(b) Issue appropriate orders to remove all hoardings, advertisement
board, displays, endangering road safety.
(c) Issue appropriate orders to the respondents to take preventive
measures, restraining the installation of new boards displays and
advertisement boards in the public road.
This petition coming on for orders upon perusing the petition and
the affidavit filed in support of WP(C) and this Court's judgment dated
03/02/2021 and Order dated 03/08/2021 and upon hearing the arguments of
M/S JOHNSON MANAYANI & JEEVAN MATHEW MANAYANI, Advocates for the
petitioner, GOVERNMENT PLEADER for R1 to R6, SRI.T.V. GEORGE, STANDING
COUNSEL for R7, SRI.THOMAS ANTONY, Advocate for R8, SRI.K.JAYAKUMAR
(SENIOR ADVOCATE) along with M/S. K.H. ANZAR, LAL K.JOSEPH, V.S.SHIRAZ
BAVA & JOSEPH KURIAN VALLAMATTAM, Advocates for Addl. R9, M/S.S.K. SAJU &
LISHA. M., Advocates for Addl. R10, the court passed the following:
P.T.O
S. MANIKUMAR, C. J. & SHAJI P. CHALY, J.
==============================
W. P. (C) Nos. 5218 of 2012,
22557 of 2015 and 24840 of 2017
================================
Dated this the 21st day of October, 2021
ORDER
S. Manikumar, C. J.
An affidavit dated 31.08.2021 has been filed, setting out the steps taken
towards implementation of the directions issued in common judgment dated
14.01.2021 in W.P.(C) Nos. 5218 and 30266 of 2012, 17922 of 2013 and 11036 of
2015 and the common judgment dated 03.02.2021 in W.P.(C) Nos. 22557 and
22858 of 2015 and 9914 of 2016, wherein the Under Secretary to the Government,
Local Self Government Department, Thiruvananthapuram, has stated that in
compliance with the directions of this Court, Government have issued a circular
dated 09.07.2021, directing all concerned to take action, as per the directions of
this Court.
2. Further, the Director of Urban Affairs and the Director of Panchayats,
have also been directed to monitor and ensure strict compliance of all the existing
instructions in this regard.
3. Under Secretary to the Government, Local Self Government Department,
Thiruvananthapuram, has also furnished a tabular column as Annexure-R1(A),
setting out the details of the unauthorized banners / flags / hoardings / boards etc.,
removed from the Municipalities / Municipal Corporations limits, for the period
01.03.2020 to 20.08.2021.
4. Tabular column is also furnished as regards removal of unauthorized
banners / hoardings / boards etc., for the period 09.07.2021 to 24.08.2021, as
Annexure R1(B).
5. Circular dated 9.7.2021 is extracted hereunder:
6. Inter alia, the judgment contains directions to the Project Director, National
Highways Authority of India, Kerala State Road Safety Authority, constituted under
the provisions of Kerala Road Safety Authority Act, 2007, Road Safety Commissioner
/ Transport Commissioner, and other such authorities, including the Commissioner of
Police or the Superintendent of Police, as the case may be.
7. Directions, inter alia, also contains regulation of cluster wires on trees and
electrical poles, by the statutory authorities.
8. Mr. K. P. Harish, learned Senior Government Pleader, submitted that reports
from other authorities would be received, and a compliance statement would be filed,
within a period of two weeks. All the authorities mentioned in the judgment, to submit
their reports on the action taken.
Post on 08.11.2021.
Sd/-
S. MANIKUMAR
CHIEF JUSTICE
Sd/-
SHAJI P. CHALY
JUDGE
Eb
21-10-2021 /True Copy/ Assistant Registrar
