The Kerala High Court on Friday took note of the assurance given by Additional Chief Secretary, Home Department, Dr Venu IAS, that clear instructions would be issued to ensure that the directions given by the Court on matters of public interest would be followed. immediately supplied and the executor acted.
They form the Division Bench Justice AK Jayasankaran Nambiar and Judge Mohammed Nias CPHe expressed his hope that the same will be announced well for next year to improve executive and judicial relations.
Pursuant to the order dated December 19, 2022, the Additional Chief Secretary, Home Department, Dr. Venu, appeared before the Court yesterday with an affidavit specifying the time frame of the directions issued by the Court to recover the amount of Rs. . 5.20 crore would be completed.
The State Government also tendered an unconditional apology for the delay in recovering the amount of Rs. 5.20 crore as loss of PFI for hartal.
The Court has been informed today that necessary arrangement will be made for the meeting of Grievance Commissioner, Ernakulam, at the Government Guest House, Ernakulam District Collector. The Additional Chief Secretary of the Revenue Department has also been authorized to assist the District Collectors of different Districts of the State to the Claims Commissioner as and when required. It was further informed that as per the order dated 29.09.2022, the Additional Chief Secretary will be the Petitioning Authority for the Revenue Recovery cases to be initiated from the 12th and 13th additional respondents. Accordingly, the Commissioner of Land Revenue has been directed to take all steps to authorize the Additional Chief Secretary Home as the requisitioning authority.
Dr. Venu also told the Court that the attachment of the assets identified by the Registration Department would be completed by 15.01.2023. Thereafter, another period of one month would be required to complete the recovery procedure in compliance with the orders of the Court.
“….every effort is being made to complete the proceedings and comply with the orders passed by this court. This defendant apologizes unconditionally for the delay caused in this regard and further that it is not deliberate or not. deliberate and for the reasons stated above . This respondent once again declares that every honest step will be taken to comply with all directions issued by this Hon’be Court without any delay”the affidavit read.
In today’s session, the court stated that it is essential to take care of public property, and it was worried that the actions that should have been taken in this regard were being delayed.
“It is not good for us or you (executive government) to delay these things”, he stated verbally. He also added that it was against the public interest, and as a result, it should be handled with great care. That is why he has requested the presence of the Additional General Secretary of the Department of the Interior today.
Furthermore, as the Court stated orally,
“When we direct a certain action, your subordinate officers do not understand that it is the Court that is giving the directions. If we direct a certain person who is paying salary, now we have to listen to our masters. This is disturbing because we are treated as if we are another department of the Government, because we are not. And that is something that should be seriously considered and that is why we asked you (the secretary general) to come personally”.
Hence he told Dr. Venu that this matter should be taken up in the higher minds and dealt with at that level. The bench also verbally asked him to issue instructions to the officers, which should trickle down to all ranks of officers, irrespective of the Department.
The court added orally “We are at the end of this year, and we are starting a new year; we want things to change. And the executive’s perception of what the judiciary is must necessarily change”.
“Relations between the executive and the judiciary needed to be improved, and it is a requirement of the Constitution that they work together. We are not sworn enemies, we are integral parts of the government. And so the requirement is mutual respect and cooperation. day, so ensure this”he added.
They have also ordered the State Government to submit a report on the measures.
The matter has been posted on January 18, 2023 for further consideration.
Case Title: Kerala Chamber of Commerce and Industry v. State of Kerala and Malayalavedi v. State of Kerala
Click here to Read/Download the Order