Today, On 13th March, The Kerala High Court ruled that printers and advertisers will be held accountable for illegal hoardings put up by their clients. It emphasized that those involved in creating and displaying such advertisements cannot evade responsibility. Additionally, the court stated that the removal of illegal boards and flags, both present and future, will be the duty of local self-government secretaries.
In a significant ruling issued on Thursday, the Kerala High Court determined that printers and advertisers will be held accountable for illegal hoardings installed by their clients.
Justice Devan Ramachandran also specified that the responsibility for removing such illegal boards and flags, both now and in the future, will fall personally on the secretaries of local self-government institutions (LSGIs).
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The Court stated,
“In terms of the circulars and directions and interim orders of this Court, it is further ordered that the non-removal of illegal boards, flags, and festoons as of today or in the future shall become the personal responsibility of the secretaries of the local self-government institutions, with an obligation to collect fines for each violation, register FIRs, and take action against advertising agencies and printers.”
The secretaries have been instructed to impose fines, file first information reports (FIRs), and take necessary action against advertising agencies and printers, as previously outlined in the Court’s orders regarding the matter.
Notably, the Court instructed the Election Commission of India and the Kerala State Election Commission to ensure strict adherence to these regulations and orders during election periods, with a requirement to integrate these directives into the Model Code of Conduct in the future.
The judgment issued today effectively closed a series of writ petitions addressing the problem of illegal billboards and banners placed on roads and other public areas, particularly by political parties and organizations.
At the outset, the Court highlighted two fundamental principles: visual pollution and the aesthetics of destinations. It noted that these principles, crucial for maintaining the beauty of tourist spots, are often neglected by the authorities in Kerala.
The Court further acknowledged that, despite having issued multiple orders previously mandating the removal of such boards and the imposition of fines, the problem continues to persist. While praising the Kerala government for its prompt compliance with the Court’s directives, it stressed that accountability must remain a priority moving forward.
Consequently, the State Police Chief was instructed to ensure that all Station House Officers (SHOs) fully comply with the government circulars and to take appropriate action against any officials who neglect to enforce these directives.
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Additionally, the Joint Directors of Local Self-Government Institutions were tasked with holding regular review meetings, gathering daily reports from secretaries, and submitting monthly updates to the Secretary of the Local Administration Department, which oversees the implementation and coordination of these directives.
While the matter has been resolved for now, the Court is scheduled to revisit it on April 12 for further monitoring. By that date, the Court has directed the LSGI secretary to present a report on the creation of an online platform for public complaints, the Road Safety Authority to update on actions taken, and the Kerala government to provide a status report on the overall progress of the directives.