Kerala High Court pulls up State government for delaying recovery of ₹5.20 crore as damages from PFI for flash hartal

The Kerala High Court on Monday pulled up the State government for delaying the recovery of ₹5.20 crores as damages from the Popular Front of India (PFI) for a flash hartal called by the now-banned organisation on September 22 this year [Kerala Chamber of Commerce and Industry v State of Kerala]..A division bench consisting of Justices AK Jayasankaran Nambiar and Mohammed Nias CP noted that despite its previous orders in this regard, the State government had not yet initiated revenue recovery proceedings against the assets/properties of the PFI as well as the personal assets of its office bearers including the Secretary, Abdul Sathar.It also took strong exception to an affidavit submitted by the State government on the progress made by it in this regard."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 said in its order.Therefore, it directed the Additional Chief Secretary of the Home Department to be personally present before the Court on Friday, December 23, along with an affidavit sworn to by him detailing the time frame for recovering the damages estimated. .The Kerala High Court had initiated suo motu contempt proceedings on September 23, the day the hartal was called, taking cognizance of the fact that the PFI had called for a hartal without the mandatory 7-day notice.Later on, the KSRTC moved the High Court seeking compensation to the tune of ₹5.06 crores from the PFI for the damages caused to its buses during the hartal as many protestors engaged in stone pelting and other destructive acts..The State Government on Monday submitted through its affidavit that the Revenue Department had informed them that the auction and requisition procedure on the properties of PFI and Sathar will take longer than a month.It further submitted that the District Collector had informed them about their inability to assist in the Collectorate due to insufficient staff and lack of office space to accommodate the Claims Commissioner.However, alternate arrangements are being taken to provide support for the same in consultation with the District Collector, Ernakulam, the affidavit said..The Court noted that on November 18, the State Government had assured it that proper directions have been given to the Revenue Department, District Collector, and also a Claim Commissioner has been appointed.It opined that the State government cannot adopt such an indifferent attitude especially in matters of public interest and involving the destruction of public propertyThe Court further said that under no circumstances will the time granted for compliance with the earlier directions be extended beyond January 31, 2023.It posted the matter for further consideration on December 23. .[Read Order]