Kerala High Court Raps Authorities Over Illegal Billboards, Demands Accountability
On Wednesday, the Kerala High Court observed that placing unauthorized boards and banners in public spaces cannot be justified as a religious practice by anyone.
Justice Devan Ramachandran criticized the authorities for neglecting to act on such illegal installations, either due to fear or the assumption that they are religious practices. He remarked, “When religious (places) keep boards and banners in public places, everyone turns a blind eye out of fear. Putting up boards like that is not religious practice for sure. Putting up boards of temples, churches or mosques in busy thoroughfare is not a religious practice. We know at least that much and we can say that without fear.”
The Court was reviewing multiple cases regarding illegal billboards, flexes, and banners placed in public spaces. Previously, the Court had urged the authorities to impose a ₹5,000 penalty, as prescribed under the Kerala Municipality Rules, for each illegal installation. However, the Court observed that the problem persisted, especially with boards put up by politicians and political parties.
The Court further remarked, “How can pictures of Ministers be kept on boards like this? Have you received fines from any of the political parties responsible? I have no problem with political parties, temples, mosques, etc. having advertisements legally. But why on the guardrails and medians? Car (drivers) should be able to see the roads properly. Ninety nine percent of the general public also don't approve of it. These secretaries (of local self government institutions) are more scared of the people who put these boards than the court because we are trying to handle it in a civilised manner.”
The Court also acknowledged that the secretaries of local self-government institutions, who were responsible for enforcing the fines, may fear repercussions for acting against the interests of political parties. Justice Ramachandran remarked, “(The government) says it is for secretaries of local government institutions to do it but can you give it to me in writing that if they get these boards removed, they won't be attacked or punished? We spend lakhs and crores of rupees to beautify public areas but none of it can be seen because they are covered in boards and flags. These are attached with plastic threads also...You should have gotten at least 50 lakh fine by now. Have you gotten fines from any political party? You fear only them, not us...Are we governed by fear or by law?”
The Court made it clear that the secretaries would be held personally responsible if the practice continued. The Court also instructed the police to take action if the secretaries reported any threats. Additionally, the Court directed that the Secretary of the Local Self Government Department be present online for the next hearing to further discuss the matter.
Cause Title: St Stephen's Malankara Catholic Church Kattanam Village v State of Kerala
Date: December-04-2024
Bench: Justice Devan Ramachandran
[Read/Download order]
