Local authorities have a statutory obligation to regulate and remove unauthorized advertisements to protect public safety and uphold environmental standards as mandated by the Kerala Municipality Act.

JUDGMENT

Dated this the 14th day of January, 2021 S. Manikumar, CJ Instant writ petitions are filed seeking for a direction to remove the unauthorised and unwanted postures, advertisement boards, hoardings, cut outs, buntings, hangings, billboards etc., placed on public roads and streets, and to recover the expenses incurred for the same from the persons or companies responsible, as arrears of land revenue.

2. W.P.(C) No.5218/2012 is for the following reliefs:

(i) To issue a writ of mandamus or any other appropriate writ, order or direction, directing the respondents, to see that while setting up of advertisement boards and arches in the public streets and public places, the rules enacted by the Legislature in 1999 under the Municipality Act is being complied with by the persons, who erect advertisement boards and arches in the public streets and public places;

(ii) To issue a writ of mandamus or any other appropriate writ, order or direction to the respondents, to examine and see as to whether the boards and arches are erected scientifically, without causing obstruction for view and diversion of attention of the drivers while driving the vehicle on the public road;

(iii) To issue a writ of mandamus or any other appropriate writ, order or direction, directing the respondents to see that no obstruction is caused and attention is diverted to the drivers of the vehicle, who drives on the public road by the erection of the boards and arches on the road.

3. W.P.(C) No.30266/2012 is for the following reliefs:

(i) Issue a writ of mandamus, directing the Corporation of Cochin, 1st respondent, to identify the unauthorized advertisement boards, arches, flags etc., and to remove the same forthwith;

(ii) Issue a writ of mandamus directing the Commissioner of Police, Cochin, 2nd respondent, to take measures under Section 3 of the Indecent Representation of Women (Prohibition) Act, 1984, against the advertisement which violated the provisions of the said Act.

4. In W.P.(C) No.17922/2013, the petitioner has sought for the following reliefs:

(i) Issue a writ of mandamus, commanding the Kerala State Pollution Control Board, respondent No.3 therein, to ban the use of Flex Boards throughout the State and to further direct respondents 1 and 3 therein to issue directions to all the Local Self Government Institutions to remove the flex boards installed in the public places.

(ii) Issue a writ of mandamus or other appropriate writ, direction or order, commanding the State Police Chief, Thiruvananthapuram, respondent No.4 therein, to issue directions to all the police stations to remove all the flex boards and advertisement boards installed in public places and Government officers, court premises forthwith.

5. W.P.(C) No. 11036/2015 is for the following reliefs:

(i) Issue a writ of mandamus or any other appropriate writ, order or direction to the respondents 1 to 3, to adopt measures for enactment and enforcement of Act similar to Prevention of Defacement of Property, as existing in our sister States;

(ii) To direct Department of Home represented by its Secretary, Thiruvananthapuram, and the Director General of Police, Kerala, Thiruvananthapuram, respondents 3 and 4, to take appropriate steps to see that the offenders who damage public property by both illegally and legally, keeping campaign boards and other board and flexes and leave it as such, without removing the same be booked for offences punishable under the provisions of Prevention of Damage to Public Property Act, 1984 and prosecute the offenders.

(iii) To direct the State Security Commission, Home (E)

Department, Thiruvananthapuram, respondent No.5, to ensure the safeguard of public property and also to maintain the beauty of our State.

(iv) Issue a writ of mandamus or any other appropriate writ, order, or direction to the 2nd respondent to direct the local authorities such as Municipality, Panchayat, Corporations etc., to incorporate adequate measures for ensuring protection and preservation of the propert