Kerala High Court Mandates Swift Action Against Illegal Public Displays
The Kerala High Court has issued a firm directive to local self-government institutions (LSGI) to initiate immediate and comprehensive drives aimed at clearing all illegal flex boards, banners, flags, and festoons from public places across the state. In a significant ruling delivered on Friday, the court emphasized the urgency of this matter, setting a strict deadline for compliance.
Court Sets Two-Week Deadline for Compliance
A bench presided over by Justice Devan Ramachandran ordered that the joint secretaries of the LSGI department must issue necessary instructions to LSGI secretaries to ensure the removal of all unauthorized installations. The court mandated that this extensive exercise be completed within the next two weeks, underscoring the need for prompt action to restore public spaces.
Officers who fail to comply with these directives will be required to appear before the court online for an interaction, highlighting the judiciary's serious stance on enforcement. This order was issued while the court was considering a review petition that sought an explanation from the state government for its non-compliance with earlier orders regarding the removal of illegal boards and banners.
Amicus Curiae Report Highlights Recurring Violations
Harish Vasudevan, the amicus curiae appointed by the court, submitted a detailed report indicating that illegal boards and flags were reappearing "with a vengeance." The report suggested that perpetrators appear to believe that no action would be taken against them, leading to a persistent cycle of violations.
During the hearing, standing counsels for the Thiruvananthapuram and Kochi corporations presented submissions noting that violations are often carried out surreptitiously by powerful entities, placing corporation authorities in a difficult position. The standing counsel for the Thrissur corporation echoed these concerns, pointing to the challenges faced by local bodies in enforcing regulations.
Court Expresses Dissatisfaction and Raises Safety Concerns
The court expressed clear dissatisfaction with the explanations provided, observing that unauthorized boards and flags are installed daily, removed pursuant to orders, and then reappear repeatedly. "All this is done in the name of the people and the liberties guaranteed under the Constitution of India. One wonders how this is possible when such actions have already been declared illegal and accepted by the government as such," the court orally remarked.
Furthermore, the court highlighted significant safety risks associated with these illegal installations. It warned that flags and boards placed on pedestrian handrails could flutter onto roads, potentially leading to accidents, injuries, or even fatalities. The bench also criticized the practice of fastening illegal installations with plastic tapes, noting that this damages the paint on handrails during removal and reflects a callous indifference to the public exchequer, which bears the cost of repeated repainting.
Progress and Next Steps in the Legal Proceedings
In a positive development, the Kochi corporation informed the High Court that it had removed nearly 400 illegal boards from the city. The court noted that this effort translates to approximately Rs 40 lakh, including fines and removal charges, underscoring the financial implications of such violations.
The state government has sought additional time to respond to the concerns raised by the court based on the amicus curiae's report. Accordingly, the bench has adjourned the matter to next week, allowing for further deliberation and action plans to be formulated.
This ruling marks a critical step in addressing the persistent issue of illegal public displays in Kerala, with the judiciary taking a proactive role in ensuring compliance and safeguarding public spaces and safety.
