IN THE HIGH COURT OF KERALA, AT ERNAKULAM
PRESENT:
THE HON'BLE THE ACTING CHIEF JUSTICE MR.CYRIAC JOSEPH
THE HONOURABLE MR.JUSTICE K.K.DENESAN
MONDAY, THE 26TH JULY, 2004/4TH SRAVANA 1926.
O.P.No....22492....OF 1999-C
PETITIONER:
INSTITUTE OF SOCIAL WELFARE, REPRESENTED BY ITS SECRETARY MAJOR M.G.C.NAIR,
XXXVIII/314, ELAMKULAM, KADAVATHARA, KOCHI.
BY ADV. SRI.P.B.SAHASRANAMAN
SRI.K.JAGADEESH
RESPONDENTS:
1. STATE OF KERALA, REPRESENTED BY ITS HEALTH SECRETARY, SECRETARIAT, TRIVANDRUM.
2. THE DIRECTOR GENERAL OF POLICE, TRIVANDRUM.
3. THE SECRETARY, HOM DEPARTMENT, GOVERNMENT OF KERALA, TRIVANDRUM.
ADDL. RESPONDENTS:
4. DIRECTOR OF MUNICIPAL ADMINISTRATION, TRIVANDRUM.
5. DIRECTOR OF PANCHAYATS, TRIVANDRUM.
[R4 AND R5 IMPLEADED SUO-MOTU AS PER ORDER DATED 31-3-2000]
BY GOVERNMENT PLEADER SMT.VAHEEDA BABU.
THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD 26-07-2004, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
J U D G M E N T
Mr.Harikumar, Advocate, representing Mr.P.B.Sahasranaman, submits that in the
light of the statements filed by fourth and
fifth respondents on 12th July, 2000, original petition can
be closed. Hence the original petition is closed.
Sd/- Cyriac Joseph, Ag. Chief Justice.
Sd/- K.K.Denesan, Judge.
//True copy //
Sd/-
P.A. TO JUDGE
BEFORE THE HON'BLE HIGH COURT OF KERALA, AT ERNAKULAM
O.P.No...2 2 4 9 2...OF 1999-C
Institute of social Welfare, represented by its
Secretary Major M.G.C.Nair.............................Petitioner
Vs.
State of Kerala and others............................Respondents
REPORT FILED BY THE 4TH ADDL. RESPONDENT AS DIRECTED BY THIS HON'BLE
COURT.
1. This Hon'ble Court by Order dated 21st June, 2000 has issued certain
directions for the implementation of the judgment in O.P.No.24169/1998 in the
matter of prohibiting the smoking in public. It was also directed in the
judgment to file a report indicating the action taken in this regard within
three weeks from 21-6-2000.
2. It is submitted that in receipt of a copy of the Order of this Hon'ble Court,
dated 21-6-2000 in C.M.P.No.37139/99 in O.P.No.22492/99 this respondent have
communicated the order to all Urban Local Bodies in the state by Demi Official
letter- vide letter No.D-14340/99/dated 22-6-2000.
3. It is submitted that by the D.O. letter dated, 22-6-2000 all the Secretaries
of the Urban Local Bodies have been directed to take urgent action to implement
the Order of this Hon'ble High Court. Besides forwarding the copy of the order
of this Hon'ble Court, the extracts of the directions were forwarded to them in
Malayalam also. The Secretaries of Urban Local Bodies were also directed to
furnish action takes report to this respondent.
4. It is submitted that the action taken report has been received from the
Secretaries of Urban Local Bodies. From the report it is seen that they have
given instructions to the licensees of all Cinema Theatres, hotels, business,
shops, bunks to other to the Court direction. Certain Municipalities have
constituted special squads for checking. Municipal Secretaries are making
surprise inspection is all shops and hotels, cinema theatres under their
jurisdictions. No smoking boards in bus stands and important junctions of the
town have been installed. No smoking boards have been installed is all the
offices of the Urban Local Bodies, Managers of Cinema Theaters Restaurant and
Hotels were instructed to put up conspicous sign boards prohibiting smoking is
their establishments.
5. It is also respectfully submitted that a press release has been issued by the
respondent pointing out the order of the Court. All most all leading newspapers
have published the matter prominently and have received wide publicity and
people have became aware of the direction of this Hon'ble Court.
6. It is respectfully submitted that this respondent has taken effective steps
to implement the directions of this Hon'ble Court. All earnest and sincere
efforts will continue to be taken by this respondent to implement the orders of
this Hon'ble Court is its letter and spirit.
Dated this the 11th July, 2000.
P.KAMALKUTTY, I.A.S.
DIRECTOR OF MUNICIPAL ADMINISTRATION
(IN CHARGE)
GRASHIOUS KURIAKOSE
GOVERNMENT PLEADER.
___________________________________________________________________________________
BEFORE THE HON'BLE HIGH COURT OF KERALA, AT ERNAKULAM
O.P.No...22492...OF 1999
Institute of Social welfare, represented by its Secretary,
Major M.G.C.Nair.....................................Petitioner
Vs.
State of Kerala and others..........................Respondents
REPORT FILED BY THE 5TH ADDL. RESPONDENT AS DIRECTED BY THIS HON'BLE
COURT.
1. This Hon'ble Court by order dated 21st June, 2000 has issued certain
directions for the implementation of the judgment in O.P.No.24160/98 in the
matter of prohibiting the smoking in public. It was also directed in the
Judgment to file a report indicating the action taken in this regard within
three weeks from 21-6-2000.
2. In the departmental conference of Deputy Directors of Panchayats held on
21-6-2000, the issue of prohibition of smoking has been discussed at length. All
the Deputy Directors were directed to convene a meeting of the Grama Panchayath
Secretaries immediately to give proper guidance for the implementation of the
orders of this Hon'ble Court. On receipt of a copy of the judgment of the Court,
a D.O. letter has been sent to all 14 Deputy Directors of Panchayats along with
a copy of the Judgment directing them to take action as per the judgment. They
have also been requested to submit a follow up action report in the matter. This
respondent has also issued a press release pointing out the order of this
Hon'ble Court to remove the lighter deviced installed in shops and bunks. All
the important dailies in Kerala have published the matter on front pages with
importance.
3. All the Deputy directors of Panchayats have submitted the details of action
taken by them and the Secretaries of Grama Panchayaths. From their reports it is
seen that Secretaries of almost all the Grama Panchayats have taken very sincere
efforts to implement the direction of this Hon'ble Court. Seeking prohibited
boards were already displayed in all the offices of Panchayats as well as in the
office of the Deputy Director of Panchayath. Grama Panchayat secretaries have
now displayed the no smoking boards in Bus Stations, Hotels and other similar
public places. Some Secretaries have removed the lighter devices installed in
shops by force. In several Grama Panchayats bit notices are published stating
that installation of lighting devices will be treated as violation of the
conditions of the licence. Mike announcement has been made in several grama
Panchayats in the matter. In almost all Panchayats notice has been affixed in
the "Vartha Board" installed by Panchayats for publishing important public
notice. Surprise inspections have been conducted by Secretaries in Cinema
theatres, Restaurants and shops to detect violation of the Court direction.
Cinema theatre owners have been directed to display slides in their theatres on
no smoking.
4. It is respectfully submitted that on a perusal of the entire reports from the
Deputy Directors of Panchayats it could be seen that all the Grama Panchayats in
the State have taken serious note of the issue of smoking in public. The lighter
devices installed in shops and bunks have been removed. Cinema theatres,
restaurants and shop owners have been warned by the Secretaries by publishing
public notice. Personal notices were also given by some Secretaries for
prohibiting smoking in their premises. This respondent also proposes to review
the follow up action in the next departments conference.
5. It is respectfully submitted that this respondent has taken effective steps
to implement the directions of this Hon'ble Court. All earnest and sincere
efforts will continue to be taken by this respondent to implement the orders of
this Hon'ble Court in its letter and spirit.
Dated this the 11th July, 2000.
P. KAMALKUTTY
DIRECTOR OF PANCHAYATS
THIRUVANANTHAPURAM.
GRACIOUS KURIAKOSE
SENIOR GOVERNMENT PLEADER.