Kerala High Court
Shri. George John vs State Of Kerala on 21 October, 2021
WP(C) No.24840/2017 1/8
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. 24840 OF 2017
PETITIONER:
SHRI. GEORGE JOHN, AGED 57 YEARS S/O. SHRI.JOHN, AGED 57 YEARS, 230,
MATHER NAGAR, SOUTH KALAMASSERY, KOCHI - 682 033.
RESPONDENT:
1. STATE OF KERALA REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT OF
KERALA, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
2. KERALA STATE ELECTRICITY BOARD ,VYDYUTHI BHAVANAM, PATTOM,
THIRUVANANTHAPURAM - 695 004 REPRESENTED BY ITS CHAIRMAN & MANAGING
DIRECTOR.
3. THE DIRECTOR GENERAL OF POLICE ,POLICE HEAD QUARTERS, VELLAYAMBALAM,
THIRUVANANTHAPURAM - 695 001.
4. THE SECRETARY ,TRANSPORT DEPARTMENT, GOVERNMENT OF KERALA,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
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 respondents to take all possible effective measures
to enforce enforcement of Exhibit P1, for removal of the illegal
Hoardings, Billboards and Posters being put up on the sides of the Roads,
Dividers, Electric Poles/Post, Traffic Signals and Pillars alongside the
Public roads and State and National Highways as well as those pasted and
put up on Government Buildings and offices through the State of Kerala
forthwith and at any rate within a period as deemed reasonable by this
Honourable Court.
This petition again coming on for orders upon perusing the petition
and the affidavit filed in support of WP(C) and this Court's judgment
dated 21/01/2021 and order dated 3.8.2021 in WP(C)and upon hearing the
arguments of M/S A.G.ADITYA SHENOY & JEFF JOSEPH, Advocates for the
petitioner, GOVERNMENT PLEADER for R1 & R3, the court passed the
following:
P.T.O
WP(C) No.24840/2017 2/8
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).
WP(C) No.24840/2017 3/8
5. Circular dated 9.7.2021 is extracted hereunder:
WP(C) No.24840/2017 4/8
WP(C) No.24840/2017 5/8
WP(C) No.24840/2017 6/8
WP(C) No.24840/2017 7/8
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
WP(C) No.24840/2017 8/8
APPENDIX OF WP(C) 24840/2017
EXHIBIT P1 TRUE COPY OF THE KERALA STATE POLICY ON OUTDOOR
ADVERTISING ISSUED UNDER THE ROAD SAFETY ACT, 2007.
