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Kerala High Court slams State for ignoring orders to remove illegal hoardings

Praisy Thomas

The Kerala High Court on Wednesday came down heavily on the State authorities for turning a blind eye to illegal installations of political hoardings and boards across the capital city of Thiruvananthapuram despite clear orders to act against the same [St Stephen's Malankara Catholic Church Kattanam Village v State of Kerala].

Justice Devan Ramachandran demanded answers from the Government Pleader on how such legal violations could be tolerated in the capital, particularly when political boards/ hoardings were installed by those in power and in governance.

“People in governance don’t care about the law," the judge remarked while expressing his dismay.

The Court also warned that contempt proceedings may be initiated if the local authorities failed to comply with its earlier directives to remove illegal boards.

"The resolve of the court is to rid Trivandrum city of the menace ... the insouciance if any shown by authorities ... will force this court to initiate contempt as also to fix personal responsibility for recovering lost fines," the Court said.

Justice Devan Ramachandran

The High Court was considering the issue of how illegal billboards, flexes, and banners on roads could be dealt with.

In an earlier order, the Court had called on the authorities to impose a ₹5,000 penalty (as prescribed under the Kerala Municipality Rules) for each illegal installation in public spaces.

In yesterday's hearing the Court went through an additional report submitted by the Amicus Curiae highlighting the overwhelming number of such illegal boards installed in Thiruvananthapuram.

The Court reprimanded the authorities for failing to act on these violations and observed that the people in power were setting a poor example by actively contributing to the problem instead of enforcing the law.

The standing counsel for the Thiruvananthapuram Corporation replied that many such illegal installations have already been removed.

However, the Bench noted that the local authorities appeared to be taking the Court's orders very lightly and highlighted that these officials only responded when violations were flagged by the judiciary, which was “strange and unacceptable.”

The Court further observed that the people responsible for maintaining law and order seemed indifferent to such violations, many of which were carried out by individuals in power, political parties, or even government departments, including its public relations wing.

The Court has now asked the corporation’s standing counsel if an inspection of the city could be conducted and a detailed report presented. The corporation's counsel has requested a week to file the report.

The case has been posted to October 16, 2024, for further hearing.

Amicus Curiae Harish Vasudevan assisted the Court.

Government Pleader TS Shyam Prasanth appeared for the State.

Standing Counsel Suman Chakravarthy appeared for the Thiruvananthapuram Corporation.

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