Kerala High Court imposes ₹10k fine on RDO for not complying with court's directions

The Kerala High Court recently directed a Revenue Divisional Officer (RDO) to pay ₹ 10,000 as costs for not complying with the Court's earlier directions and for failing to provide the government lawyer with instructions in a pending case [Sathar KA v The Revenue Divisional Officer (RDO)]..Justice Bechu Kurian Thomas directed the RDO at Fort Kochi to personally pay the costs to the Kerala State Legal Services Authority (KELSA) after terming the RDO's conduct surprising and alarming. .The judge clarified that the costs should not be recovered from the Government exchequer under any circumstances and that it would be the personal liability of the RDO..The High Court passed the direction in a case concerning an application filed under the Kerala Land Utilisation Act, 1967. The Court had earlier, in 2021, directed the RDO to decide on the litigant’s application..However, the litigant moved the Court for relief again by filing a writ petition in 2023 after the RDO failed to act. Notably, while hearing the writ petition, the Court was informed by the government pleader that despite repeated requests, no instructions were received from the RDO on how to conduct the case. .The High Court opined that when an RDO does not respond with instructions to the office of the Advocate General, the situation warrants serious and stern action..The Court also pointed out that in this case, the RDO had already been ordered to decide on the litigant's application. “Subsequently, when the litigant approaches this Court again complaining of failure to pass orders as directed, the officer withholds instructions from the office of the Advocate General is not only unfortunate but also a dangerous situation indeed. Both the aforenoted situations reflect a callous indifference to the rule of law. If such instances repeat, it will lead to chaos and confusion,” the Court said in its October 12 judgment. .Therefore, the High Court directed RDO to pay ₹10,000 to KELSA for his conduct. The Court also ordered the RDO to decide on the litigant's (petitioner) application within fourteen days. .The petitioner was represented by advocates PM Ziraj and Irfan Ziraj.The RDO and State authorities were represented by Senior Government Pleader K Amminikutty..[Read Judgment].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.