"Callous & Casual Attitude Of State Towards Proceedings" : High Court Slams Kerala Govt For Not Filing Counter-Affidavit

The High Court in a recent order came down heavily on the State Government for the callous and casual attitude they are having towards the Court proceedings. The Court observed that it is unable to decide a Writ petition filed in 2018 as there is no response from the State.

The Writ in the instance was filed challenging the decision of the Government in nationalizing the Ernakulam- Muvattupuzha route. The issue was whether Government has followed the law while doing so.

The Court noted that till now the Government had not filed a counter affidavit. The Government pleader seeks an adjournment to file counter every time. The Principal Secretary of Transport Department was ordered to appear before the Court along with the records of the proceedings for the perusal of the Court. On the ordered day, the Principal Secretary did not appear before the Court An I.A. was filed stating her reasons for her non-appearance. The Court stated that even if the Principal Secretary was unavailable, somebody or the in-charge of Transport Department should have appeared with the record of the proceedings.

Justice Dinesh Kumar Singh observed:

“This callous and casual approach of the State Government does not augur well in the dispensation of justice and would only show disrespect to the High Court, the highest Court in the State. The Court deprecates in the strongest manner the conduct of the State Government in taking the Court proceedings too casually and callously.”

On 11^th June, the Court had ordered the Principal Secretary to appear in person considering that the State had not filed a counter till date.

The Court ordered the Officer-in-charge of the Transport department to appear before it with the record of proceedings on the next posting day. If on that day, the officer does not produce the records, the Court said, it would pass orders to initiate contempt proceedings against the said officer. The Court also ordered that if the counter is not filed before the next day of posting, the same shall be accepted with a cost of Rs. 50,000.

The matter is next posted on 04.07.2014

Case Title: P. M. Surendran and Another v Government of Kerala and Others

Case No: WP(C) 3017/ 2018

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