PFI Hartal : Kerala Government Tenders Unconditional Apology Before HC For Delay In Recovering Damages From Popular Front

The Kerala High Court on Friday took note of the assurance given by the Additional Chief Secretary, Home Department, Dr. Venu IAS, that clear instructions would be issued in order to ensure that the directions issued by the Court in matters of public interest would be promptly supplied with, and acted upon by the executive. 

The Division Bench comprising Justice A.K. Jayasankaran Nambiar and Justice Mohammed Nias C.P., expressed hope that the same would augur well for the coming year in improving the executive-judiciary relations.

Pursuant to its direction on December 19, 2022, the Additional Chief Secretary, Home Department, Dr. Venu,  was present before the Court yesterday with the affidavit detailing the time frame within which the directions issued by the Court towards recovery of the amount of Rs. 5.20 crores would be completed. 

The State Government also tendered its unconditional apology for its delay in recovering the amount of Rs. 5.20 Crores as damages from PFI for the hartal. 

It was informed to the Court today that necessary arrangement would be made for the sitting of the Claims Commissioner, in the Government Guest House, Ernakulam by the District Collector, Ernakulam. The Additional Chief Secretary, Revenue Department has also been authorized to instruct the District Collectors concerned of the various Districts in the State to provide assistance to the Claims Commissioner, whenever necessary. It was further informed that pursuant to the order dated 29.09.2022, the Additional Chief Secretary shall be the Requisition Authority for the Revenue Recovery proceedings to be initiated from the additional 12th and 13th respondents. Accordingly the Land Revenue Commissioner has been directed to make all steps to authorize Additional Chief Secretary, Home as the requisitioning authority.

Dr. Venu also told the Court that attachment of the properties identified by the Registration Department would be completed by 15.01.2023. Thereafter a further period of one month would be required to complete the recovery proceedings in compliance of the directions of the Court.

"....all the earnest efforts are being taken to complete the proceedings and comply with the directions of this Hon'ble Court. This respondent tenders unconditional apology for the delay caused in this regard, and also submits that same is not wilful or deliberate and occurred for the reasons stated above. This respondent once again submit that all earnest steps will be taken to comply with all the directions issued by this Hon'be Court without any delay", the affidavit read.

The Court during the hearing today, noted that it is paramount that public property be preserved, and was disturbed that actions that had to be taken in this regard were being procrastinated. 

"It doesn't augur well either for us or for you (the executive government), to delay these things", it orally remarked. It added that the same was against public interest, and consequently, had to be dealt with high hand.  It opined that this is why it sought for the presence of the Additional Chief Secretary, Home Department today. 

The Court further orally observed that, 

"When we direct a particular course of action, the officers below you do not seem to understand that this is the Court which is giving the directions. If we direct a particular person who is disbursing the salary, now we have to hear from our masters. This is disturbing, because they're treating us as if we are yet another department of the Government, which we are not. And this is something which has to be seriously considered which is why we asked you (the Additional Chief Secretary) to personally come". 

It therefore told Dr. Venu that this issue would have to be taken up at the top brass and be addressed at that level. The Bench also orally requested him to give instructions to the officers, which would have to go down to all levels of officers, irrespective of the Departments. 

The Court orally added "we are at the end of this year, and beginning a new year; we want things to change. And the perception of the executive as regards what the judiciary is ought to necessarily change". 

"The relations between the executive and the judiciary had to improve, and it is the Constitutional requirement that we work in tandem. We are not sworn enemies, we are integral aspects of governance. And therefore, a mutual respect and cooperation is the requirement of the day, so please ensure this", it added.

The State Government has also been directed to file an action-taken report. 

The matter has been posted for further consideration on 18th January 2023. 

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

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