High Court Pulls Up Kerala Govt For Delay In Recovering ₹5.2 Crore Damages From PFI, Says State's Attitude Disrespectful, Callous

The division bench Justice A. K. Jayasankaran Nambiar and Justice Mohammed Nias C.P. said despite the issuance of peremptory directions to proceed against the assets of PFI and its office bearers including the Secretary, "nothing substantial" has been done by the State.

The Court had previously initiated suo motu proceedings against the PFI and its leadership for the flash hartal call and directed it to deposit an amount of Rs. 5.20 crores with the Additional Chief Secretary, Home Department, towards the damages estimated by the State Government as well as the KSRTC on account of its 'flash hartal'.

Last month, the government had told the court that directions have been given to the Revenue Department to proceed with the action. The court was assured that the proceedings will be completed within a month.

On Monday, the court was told by the home department that the revenue department has said that it is "unfeasible" to complete the procedure within a month.

It was submitted that the department has already issued directions to all 14 district collectors to identify the movable and immovable properties. The court was also told that a requisition authority has to be appointed, and that requisition authority has to submit requisitions to the District Collectors.

"On the basis of the requisitions the District Collectors have to serve notice to the arrearing parties through the Revenue Officials as per Kerala Revenue Recovery Act. 7 days prior notice has to be given to the defaulting party for payment of the arrears under Section 7 & 34 of the Revenue Recovery Act and if the dues are not paid within 7 days after serving the notices, then a forfeiture notice under Section 36 has to be issued to the defaulting parties. If the defaulting party does not pay the amount, a notice of auction should be given as per Section 49 (2) which should be duly served and advertised at least 30 days before the date of auction," the State submitted.

The home department also said that even though direction was given to the District Collector, Ernakulam to ensure Secretarial assistance, including office space, infrastructure to the claims Commissioner, the District Collector has now informed their inability to give assistance in Collectorate due to insufficiency of staff and lack of office space for accommodating the Claims Commissioner. The court was told alternate arrangements are being taken.

Expressing dissatisfaction with the response, the court said:

"We find the attitude of the State Government, as discernible from the averments in the paragraphs of the affidavit extracted above, to be wholly unacceptable, and per se disrespectful to the directions of this Court. The State Government cannot adopt such a callous attitude when called upon to implement the directions of this Court especially in matters of public interest and involving destruction of public property. "

The court directed the Additional Chief Secretary, Home Department to remain personally present before the Court on Friday, December 23, "along with an affidavit sworn by him detailing the time frame within which the directions issued by us towards recovery of the amount of Rs. 5.20 crores will be completed."

Before parting, the court made it clear that the time granted for compliance with the earlier directions will not be extended beyond January 31.

The matter has been posted for the affidavit and personal appearance of the Additional Chief Secretary on December 23.

Case title: Kerala Chamber of Commerce and Industry v. State of Kerala and Malayalavedi v. State of Kerala

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