The Court further directed the government authorities to conduct awareness programmes on the legal prohibition and the harmful effects of passive smoking.

A Division Bench comprising Chief Justice Soumen Sen and Justice Syam Kumar V.M. issued the directions while disposing of a public interest litigation (PIL) filed by retired professor Monamma Kokkad, who alleged that the prohibition against public smoking was not being effectively enforced across Kerala.

The petitioner approached the High Court seeking effective implementation of the judgment in K. Ramakrishnan v State of Kerala [1999 (2) KLT 725], in which the Court had held public smoking to be illegal and unconstitutional and a public nuisance.

The petitioner alleged that public smoking had resurfaced in several parts of Kochi, including MG Road, Panampilly Nagar, Kaloor and Palarivattom. She also claimed that some commercial establishments facilitated smoking outside their premises by providing lighters or other means to customers.

The petitioner further argued that the existing fine of ₹200 for smoking in prohibited public places was inadequate as a deterrent and sought enhanced enforcement measures, including coordinated directions to police and other statutory authorities.

The Court noted that State Police's response to an RTI application, indicated that adequate enforcement measures had been taken and details of penalties collected had also been furnished.

“In view of the aforesaid, it cannot be said that the police have not taken adequate measures for the implementation of the Act of 2016. A few isolated incidents may not justify a finding that the provisions of the Act of 2016 have not been complied with.” the Court noted.

However, the Court directed the police to continue to comply with the directions issued in K. Ramakrishnan and strictly enforce the provisions of the Act.

The Court directed that a copy of the judgment be forwarded to the Additional Chief Secretary, Health and Family Welfare Department; the Principal Secretary, Local Self Government Department; and the State Police Chief for information and compliance.

It also directed the respondent authorities to conduct awareness programmes highlighting the legal provisions prohibiting smoking in public places and the harmful effects of passive smoking.

The writ petition was accordingly disposed of.

Case Title: Prof. Monamma Kokkad v State of Kerala and Ors.

Case No: WP(PIL) 195/ 2026

Citation: 2026 LiveLaw (Ker) 566

Counsel for Petitioner: Harish Vasudevan, Rajan Vishnuraj, Varun Jacob, Aashka Ann

Counsel for Respondent: Biju Meenattoor (Sr.GP)