Kerala HC Irked Over Unauthorized Hoarding By Secretariat Employees' Association; Orders Probe
|The issue arose during the hearing of a 2018 plea addressing unauthorized banners and boards in public spaces. The Court had previously mandated a fine of Rs. 5,000 for each unauthorized installation.
The Kerala High Court has expressed strong displeasure at the alleged installation of an unauthorized hoarding by the Kerala Secretariat Employees Association (KSEA) in front of the State Secretariat, despite existing prohibitory orders.
The Single-Bench of Justice Devan Ramachandran criticized the audacity of the act, noting that such conduct was unacceptable, particularly from an association comprising government employees.
“This Court is unable to understand how, even after repeated orders and actions, anyone has the temerity to put up such a board/flag, especially of the reported size. To add to this, it is alleged to have been done by an association, with its office bearers being civil servants,” the Single Judge remarked.
Amicus Curiae Harish Vasudevan appeared in the matter, and Senior Standing Counsel Suman Chakravarthy appeared for the respondent, Thiruvananthapuram Corporation.
Facts of the Case
The issue arose during the hearing of a 2018 plea addressing unauthorized banners and boards in public spaces. The Court had previously mandated a fine of Rs. 5,000 for each unauthorized installation.
The matter came to light after the Amicus Curiae submitted a report dated January 15, highlighting the installation of a "huge" board, purportedly under KSEA’s aegis. According to the Association’s website, its President holds the rank of Additional Secretary to the Government, while its Secretary is of the rank of Joint Secretary.
Court's Directions
The Court directed the State Police Chief to form a competent team to investigate the matter and identify those responsible for violating its orders. The Thiruvananthapuram Corporation was also instructed to provide details of the costs incurred and the efforts taken to remove the large hoarding.
In its order, the Court stated, “I direct the State Police Chief to constitute a competent team of officers to investigate the complaint of the Thiruvananthapuram Corporation regarding the installation of the board. The investigation must swiftly verify who is responsible, including the names of individuals and details of the printer/advertisement agency involved.”
The board was removed promptly by the corporation following media reports. The Court observed that if an association of government employees was involved, disciplinary proceedings must be initiated against those responsible in addition to penal action. “It is imperative that the printer/advertisement agency is also held accountable. A thorough investigation at the highest level is necessary, particularly when the office bearers alleged to have installed the board hold such senior ranks,” the Court added.
The matter has been posted for further consideration on January 22.
Cause Title: St. Stephen's Malankara Catholic Church v. State of Kerala and Others [WP(C) 22750/ 2018]
Click here to read/download the Order