Authorities That Cannot Comply With Court Orders Should Step Down: Kerala High Court Warns Govt On Issue Of Unauthorized Banners In Public Places

The Kerala High Court on Wednesday came down heavily on the State for its inaction in the matter pertaining to illegal installation of boards and banners at public places in the State.

“If Local Self Governments cannot comply with directions, please step down. Don’t provoke this court," Justice Devan Ramachandran remarked.

The Court stated that the Local Self Governments were complying with orders of the Court by issuing circulars but they did not have the ‘guts or political will’ to actually implement them. “This is the bane of our State now”, the Court remarked.

“The directions of the Court cannot be violated, particularly after they themselves have issued orders, circulars and proceedings in compliance. This Court has already nominated and established committees for removing unauthorised installations and if they are not working as ordered, then certainly action including for contempt or constitutional violations will have to be initiated. This court places all such authorities on notice that continuous disregard to directives will expose them to stringent action under every warrant of law,” the court said in its order.

The bench also asked the authorities to not take Court's magnanimity as its weakness. “This court will not speak now, only act. I will start issuing orders for contempt. Secretaries and District Collectors will be made to stand in this court hall,” Justice Ramachandran stated.

“What are the committees constituted for this purpose doing? Have you taken any action against agencies responsible for printing the boards?” the Court asked Government pleader Advocate Shyam Prasad.

Amicus Curiae Adv. Harish Vasudevan submitted that the city of Trivandrum is flooded with flex boards “every 100 meter contains government owned flex boards,” he submitted. The Court directed the Amicus Curiae to file a report pointing out violations across the State by the next posting date.

The matter has been posted for further consideration on 14th June.

Case Title: St. Stephen's Malankara Catholic Church v. State of Kerala

Click here to read/download order