Kerala HC Slams State Government Over Delay In Recovering ₹5.20 Crores Damages From PFI

The Kerala High Court has slammed the State government over the delay in recovering Rs. 5.20 Crores from Popular Front of India (PFI) towards the damages arising from the damage caused to public and private property in the State during flash hartal.

The bench of Justice A.K. Jayasankaran Nambiar and Justice Mohammed Nias C.P observed that the State Government cannot adopt a callous attitude when called upon to implement the directions of the Court especially in matters of public interest and involving the destruction of public property.

The Court noted that despite the peremptory directions, nothing substantial has been done by the State Government towards complying with the directions.

The Court noted that the State had assured that recovery action would be proceeded and taken to fruition within a month.

However, the home department told the Court that the revenue department has said that it is unfeasible to complete the procedure within a month.

Senior Advocate K.P. Satheesan represented the Petitioner whereas P. Narayanan, Senior Government Pleader and S.Sajju, Senior Public Prosecutor represented State.

"We find the attitude of the State Government, as discernible from the averments in the paragraphs of the affidavit extracted above, to be wholly unacceptable, and per se disrespectful to the directions of this Court. The State Government cannot adopt such a callous attitude when called upon to implement the directions of this Court especially in matters of public interest and involving destruction of public property.", the Court held.

The Court directed the Additional Chief Secretary, Home Department to be personally present on December 23, 2022, along with an affidavit detailing the time frame within which the directions towards recovery of the amount of Rs. 5.20 crores will be completed.

The Court has said that the time granted for compliance will not be extended beyond January 31, 2023.

Cause Title- Kerala Chamber of Commerce And Industry v. State of Kerala

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