Kerala HC Warns Of Anarchy And Breach Of Discipline If Govt Servants Violate Govt Orders, Seeks Action On Installing Illegal Hoardings

Justice Devan Ramachandran was informed that the illegal hoarding was requisitioned by Mr. Honey P (President of KSEA) who is an Additional Secretary to the Government and Mr Ajithkumar (Secretary of KSEA) who is an office assistant. The Court was informed that both of them are working in the general administration department.

At this juncture, the Court stated thus, “It is prima facie evident that the information of the Amicus Curiae that government servants are themselves violating government orders, not to mention the directions of this Court, are to some extent if not substantively are proved true through police investigation….The report of the police brings out a very sour scenario. If government servants are allowed to violate government orders and then permitted to go scot free, there will be complete anarchy and breach of discipline. It is for the government to address this in the first instance, rather than burden this Court in the first instance….the Government Pleader sought time to report this matter after a week to report further progress…”

The observation was made while hearing a 2018 plea concerning unauthorized boards/ banners in public places. The Court had earlier ordered that a fine of Rs. 5,000 will be collected for every unauthorised board installed.

The Court was considering a report dated January 15 submitted by the Amicus Curiae regarding the installation of a "huge" board in front of the Secretariat, apparently under the aegis of KESA. The Court had directed a special investigation team to find out details of persons who were responsible for placing this illegal board contrary to the orders of the Court.

The Court also observed that the police report included information about the advertisement agency and its employees, who acted in violation of the Court's orders. It has sought clarification from the Thiruvananthapuram Corporation on the actions that will be taken against the agency and its employees.

The Court orally remarked that no other State in India, except Kerala, has placed illegal hoardings/posters/boards. Justice Devan Ramachandran mentioned that during his recent travels to Chennai, Visakhapatnam, Puri, and Bhubaneshwar, he did not encounter any illegal boards or posters similar to those found in Kerala.

Court orally said, “I am telling you with full authority. None of these cities had even a poster, not less a board. Not even a poster. Please travel and come back…. See how India is changing. We are talking about new Kerala, we are already seeing a new India…..This is a Kerala creation, that too, by political parties and film fellows, religious groups also have started it.”

As such, the matter has been posted to January 30

Case Title: St. Stephen's Malankara Catholic Church v State of Kerala and Others

Case No: WP(C) 22750/ 2018