'System Failing': Kerala High Court Expresses Shock Over Continued Installation Of Unauthorized Boards And Flags Despite Orders

The Kerala High Court on Friday (23 January) orally expressed displeasure over the continued installation of unauthorized boards and flags in public spaces across the State despite clear judicial directions, observing that the situation was shocking and disturbing.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.During the last hearing, the Court had flagged the failure of the K-SMART Grievance System for removal of illegal hoardings and had directed the authorities to adopt a WhatsApp-based system used by the Local Self Government Department in dealing with waste dumping.Today, the matter was listed on the request of amicus curiae Adv Harish Vasudevan, who submitted a report dealing with the installation of illegal hoarding and flags in Thiruvananthapuram District. Taking note of the submissions, the Court observed that allowing unauthorized boards and flags in public areas, even after repeated judgments and orders, was surprising and distressing.“In spite of the judgment and various orders of this Court and though this petition for review is still pending, unauthorized boards and flags are allowed in the manner as noticed by the amicus curiae is nothing short of surprising and distressing.” Court notedThe amicus curiae has also submitted that the hoarding and flags were installed in a manner which obstructed the footpaths designated for pedestrians. The Court noted that it has consistently emphasized that pedestrian rights, particularly at zebra crossings and footpaths, cannot be compromised under any circumstances. It recalled that in connected matters, it had even called for the creation of operational footpaths to safeguard public movement. Against this backdrop, the Court said that reports indicating fresh installations in violation of earlier orders were deeply concerning.Appearing for the Secretary of the Thiruvananthapuram Corporation, advocate Subin Chakravarthy submitted that the Corporation would immediately look into the issue and file a detailed response. He informed the Court that action had already been initiated once complaints were received, including issuing notices to persons responsible for unauthorized installations.However, the Court remarked that mere words are not enough and stressed that compliance must be visible on the ground. It also observed that the growing culture of usurping public spaces by individuals or entities must change. “The culture of usurping public places by any entity or person has to change for…. The concept of Nava Kerala is not something that should be kept on paper but needs to be on the mindset of all citizens.” court added. The amicus curiae further submitted that similar violations had been reported from several parts of the State, including Kochi and Thiruvananthapuram. The Court expressed concern over what it described as the apparent unwillingness of authorities to enforce constitutional and statutory mandates, noting that any refusal to act would indicate systemic failure.“The refusal to do so if any only means that the systems are failing. However, for the generation to come, this cannot be allowed and this Court is of the view that steps are required to be taken, without being burdened by hues and colors.” Court observed. The counsel for the Corporation requested a few days to file a response. The Court accepted the request, stating that it would refrain from making further observations at this stage, as the facts were yet to be fully established. It also referred to an earlier report dated January 15, which stated that hundreds of boards in Kochi were removed only after a significant delay, and gave directions to both the Corporations. The Court directed that the response to be filed by the Corporations must specifically disclose the number of boards and flags installed, the action taken for their removal, and other relevant details.Case Title: Rahul K T v St. Stephen's Malankara Catholic ChurchCase No: RP1394/ 2025 in WP(C) 22750/ 2018Counsel 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 ThankanAmicus Curiae - Harish Vasudevan & Jacob MathewClick Here To Read/ Download Interim Order

'System Failing': Kerala High Court Expresses Shock Over Continued Installation Of Unauthorized Boards And Flags Despite Orders

Anamika MJ

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