Printing Agencies Liable For Penal Action Over Illegal Hoardings If Not Removed Within A Week: Kerala HC

The Kerala High Court on Thursday directed the designated authorities to identify suitable “holding areas” for the disposal of illegal boards, flags, and festoons that have been erected in public places.

The court took this decision after being informed that the existing waste disposal facilities in the state are already overwhelmed.

Once the designated authorities remove the illegal hoardings to these holding areas, it will be the responsibility of printing agencies to promptly remove the hoardings within seven days of receiving a notice from the Secretary of the Local Self Government Department (LSG).

A single bench of Justice Devan Ramachandran warned that failure to comply with this directive would result in penal consequences for the printing agencies. These consequences may include prosecution and the recovery of amounts for the proper destruction of the boards in a scientific manner.

The court further emphasized that such agencies could also face license cancellation, especially if the boards fail to mention their names as per the court’s earlier directions.

During the proceedings, Amicus Curiae Harish Vasudevan brought attention to the challenges faced in the disposal of illegal boards and other fixtures. Additional Advocate General Ashok Cherian acknowledged that it would be unsafe to transport the illegal fixtures to waste disposal yards due to space limitations. As a result, he sought additional time to inform the court about the measures being taken to address this issue.

“I am slightly taken aback by the fore scenario because this Court has already ordered that any unauthorized board will have to be removed/returned to the persons/entities which install it. It has also been ordered by this Court that any board without the name of the printer should be automatically and ipso facto be construed as being illegal. There can therefore be no further doubt in this regard. However, in order to ensure that the people of this State are not further put to any consequences on account of oncoming monsoons also, I deem it appropriate to issue the following directions, which is more as a manner of clarification than as new directions,” the bench remarked.

The responsibility of issuing notices to individuals or entities that have installed illegal boards, flags, or festoons lies with the Secretary of the Local Self Government Department (LSG). They must grant a maximum of seven days for the removal of such installations. The printing agency will bear the expenses incurred in transporting the illegal hoardings to the holding area.

To ensure compliance, the LSG Principal Secretary has been directed by the court to issue a circular to all Secretaries. The Principal Secretary will be held personally accountable if this task is not carried out.

The court expressed its disappointment over the continuous violation of its previous orders in this matter. The Amicus Curiae highlighted that vested interests were still placing boards, flags, and festoons indiscriminately. On the other hand, Additional Advocate General Ashok Cherian, instructed by Government Pleader Shyam Prasad, claimed that the court’s directions were being fully complied with and that the illegal installations were being removed.

It is at this juncture that the afore directions were issued by the Court. The single bench expressed its concern over the oncoming monsoon, and found the directions to be necessary

“Do everything that is required to remove the boards. If you face any problems, come back to me,” the bench further added.

The Principal Secretary, LSG was directed to file an action taken report by the next posting date.

The matter has been listed for further consideration after 10 days.