Pathetic Casual Approach And Disrespect Towards Court: Kerala High Court Pulls Up State Government For Not Filing Response In Cases
The Kerala High Court pulled up the State Government over not filing a response and for seeking frequent adjournments while directing the Officer-in-charge of the Transport Department, in the absence of the Principal Secretary to present the records regarding nationalisation of the route Ernakulam-Muvattupuzha under Section 102 of the Motor Vehicle Act 1988.
The Court said that the attitude of the Government does not augur well with the dispensation of justice and shows disrespect to the High Court.
The Court was hearing a Writ Petition challenging the decision of the State Government taken under Section 102 of the Motor Vehicles Act 1988 approving the scheme of nationalisation.
The bench of 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. This Court deprecates in the strongest manner the conduct of the State Government in taking the Court proceedings too casually and callously.”
Special Government Pleader Santhosh Kumar P appeared for the Applicant (Respondent in Writ Petition) and Advocate P. Deepak appeared for the Respondent in the Application.
In the present case, a Writ Petition was filed by the Petitioner P.M. Surendran in 2018, where the issue was whether the Government had followed the mandate of the law while nationalising the route Ernakulam – Muvattupuzha by notification. The Writ Petition has remained pending since 2018 and not even a single counter affidavit has been filed by the State Government to date.
The Court noted, “This Court is at pains to note the pathetic casual approach in Court proceedings and disrespect of the State Government to the Court and Court proceedings. In no case is the counter affidavit filed on time.”
The Court also noted that the Government Counsel takes one adjournment after another on one pretext or the other for filing the counter affidavit in a matter, which according to the Court results in a long pendency of the cases in the Court.
The Court noted that instead of appearing in person with the record, an application has been filed seeking exemption from the personal appearance of the Principal Secretary, Dr K Vasuki IAS.
The Court warned the authorities of passing orders for contempt proceedings if, on the next date, records are not presented by the authorities.
The Court further provided that if before the next date, the counter affidavit is not filed, the same shall be accepted with a cost of Rs.50,000/-, to be recovered from the Officer responsible for not filing the counter affidavit.
The Court posted the matter to July 04.
Cause Title: Government of Kerala v. P.M. Surendran
Appearance:
Petitioner: Government Pleader Santhosh Kumar P
Respondent: Standing Counsel P.C. Chacko, Adv. P.C. Sasidharan and Adv. P. Deepak