Kerala HC Orders Removal Of Unauthorized Banners Board, Flag, Festoon Etc. From Busy Roads
The Kerala High Court has ordered the removal of unauthorized boards, flags, festoons from busy roads.
The Court was dealing with a Writ Petition to this regard.
The single-bench of Justice Devan Ramachandran observed, "I direct the Secretaries of every LSGI to ensure that every unauthorized board, flag, festoon etc. is removed within a period of ten days from today."
Amicus Curiae – Sri.Harish Vasudevan in the report filed revealed that the violations are still continuing unabated.
The Court noted that it is aware but there is hardly anything that can be done if the Official Machinery continues to be either deliberately or otherwise indifferent or inactive.
The Government Pleader submitted that the State is committed to rid our State of all unauthorized boards, flags, festoons etc. He reiterated that the steps and measures have been taken; but added that, finally, it is the Local Self Government Institutions (LSGIs) which are to do it.
The Court was of the view that the need has arisen to interact with the Secretary, Department of Local Self Government Institutions of the Government of Kerala because, on an earlier occasion, the Officer had given very valuable suggestions, but many of which appear to be disregarded by the competent Authorities.
"Be that as it may, as this Court has already declared is one of the earliest orders in these Writ Petitions, it is the Secretaries of the LSGIs who are finally responsible - not only for the removal of the boards but also for the collection of the fines, registration of the FIRs, and such others. The Committees at the various levels were constituted by this Court only because many of them said that they were scared of implementing orders on account of political and other pressure. This is not to mean that they are free of their obligations," the Court observed.
The Court was not impressed with the impression given that the Secretaries of the LSGIs are scared to act on being taken to task by vested interests and remarked, "...it is necessary that this Court also drive in the fear of law into them and make them realise that this is more powerful."
The Court thus directed the Secretary, Department of LSGI to appear via online mode in next hearing
"I reiterate that every unauthorized board, flag, festoon - which is still remaining on the public streets - will be the personal responsibility of the Secretaries; and this Court will be compelled to collect fines from them personally," the Court further directed.
Cause Title: St. Stephens Malankara Catholic Church Kattanam Village vs. State Of Kerala
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