Kerala High Court Questions Local Self Govt Department Over Illegal Boards; Says Joint Directors Must Appear If Directions Not Implemented

Justice Devan Ramachandran was considering a review petition filed in connection with a plea against illegal and unauthorized flags and banners.

The Court had earlier, disposed of the plea and gave directions declaring installation of unauthorized boards, banners, hoardings, flags, festoons as illegal and liable to fine and penal action.

Previously, the Court had directed Joint Directors of the LSGD to undertake a comprehensive drive to clear their respective jurisdictions of illegal installations and ensure that no such structures continue to occupy public spaces. The officers were also instructed to file compliance reports after carrying out the exercise.

When the matter was taken up today, the Government Pleader submitted a memo dated March 5, 2026, enclosing a report prepared by the Principal Secretary of the Local Self Government Department, which compiled inputs received from the Joint Directors.

The Court observed that the submission of such a report could suggest that the Joint Directors had carried out the directions and cleared their respective areas of illegal installations at least as on the date the report was filed. However, when the Court specifically asked whether the State was making a clear undertaking that no unauthorised boards, flags or similar installations remain in public spaces across Kerala, the Government Pleader submitted that no such specific undertaking has been made.

The Court then remarked that its patience was being tested, particularly since amicus curiae continued to report that old boards remained in place and new ones were appearing despite the Court's earlier directions.

Observing that courts can only issue directions and that their enforcement lies with officials vested with authority, the Court noted that any failure on the part of the officers to implement such directions raises concerns about governance. It also remarked that the judiciary or the amicus curiae cannot be expected to monitor every board or flag across the State, and that attempts to burden the judicial system while insinuating bias or prejudice reflect a lack of necessary will and action on the part of responsible authorities.

“Court's or even the amicus curiae cannot be expected to understand the know-how of every board and flag in Kerala and to try to …the judicial system by vested interests trying to insinuate bias and prejudice, also reflects the lack of necessary will and action by the authorities vested with the responsibility.” the Court said.

The Court further observed that citizens are entitled to orderly public spaces and cities, towns and villages free from the scourge of garbage, pollution and unauthorised installations.

Referring to its earlier order, the Court noted that the Joint Directors had already been put on notice that failure to clean up their jurisdictions would require them to appear before the Court, initially online and thereafter physically.

The Court noted that the report by the Principal Secretary appeared to be vague, as it only detailed the number of boards and installations removed and the actions taken. The report, however, did not state whether public spaces across Kerala had been completely cleared, nor did it indicate whether a monitoring mechanism had been put in place to prevent the reappearance of such installations.

The Court observed that it would be unfortunate if civil servants were seen to evade directions issued by constitutional courts, warning that such conduct could ultimately lead to administrative breakdown and disorder.

The Court thus held that the presence of the Joint Directors had become inevitable, unless they inform the Court within the stipulated time that all unauthorised billboards and similar installations in their respective jurisdictions have been removed.

Case Title: Rahul K T v St. Stephen's Malankara Catholic Church

Case No: RP1394/ 2025 in WP(C) 22750/ 2018

Counsel for Respondents - George Varghese, A R Dileep, P J Joe Paul, Manu Sebastian, K V Sohan (State Attorney), Ashok M Cherian (Additional Advocate General), T S Shyamprasanth (Government Pleader), Vincent Joseph, Lal K Joseph, Babu Karukapadath, C N Prabhakaran, N Nandakumar Menon (Sr.), Suman Chakravarthy, M K Chandra Mohan Das, S Sreekumar, K K Chandran Pillai (Sr.), S Ambily, Namitha Nambiar, Saji Thomas, Vaniah Maria Dominic, M Meena John, Issac M Perumpillil, Santhosh P Poduval, Bindumol Joseph, B S Syamanthak, Anju Anilkumar, Prem Chand R Nair, Deepu Lal Mohan, Deepu Thankan

Amicus Curiae - Harish Vasudevan & Jacob Mathew