2025 Supreme(Online)(Ker) 30146
IN THE HIGH COURT OF KERALA AT ERNAKULAM
ST. STEPHEN'S MALANKARA CATHOLIC CHURCH, KATTANAM VILLAGE, BHARANICKAVU, ALAPPUZHA – Appellant
Versus
STATE OF KERALA – Respondent
WP(C) NO. 22750 OF 2018
For the Appellants/Petitioners: SRI.P.J.JOE PAUL, SRI.MANU SEBASTIAN
For the Respondents: SRI.K.V.SOHAN
Local authorities are mandated to remove unauthorized advertising structures to combat visual pollution, aligning with public health and aesthetic norms.
Headnote:(A) Kerala Municipality Act - Various Sections pertaining to the erection of unauthorized advertising structures - The court addresses the issue of visual pollution in public spaces caused by unauthorized boards, banners, flags, and festoons, recognizing the detrimental impact on aesthetics and tourism - Effective action by authorities directed against unlawful installations - Responsibilities of Local Self Government Institutions to enforce removal clarified. (Paras 1-40)
Facts of the case:
The petitioner filed a writ petition against unauthorized installations obstructing views, leading to a broader review of visual pollution in Kerala and its legal ramifications. (Para 9)
Findings of Court:
The court emphasizes the need for concerted efforts from Local Self Government Institutions to eliminate unauthorised structures and confirms binding orders against visual pollution (Paras 34-40).
Issues: The primary issue concerns the efficacy of existing laws to control visual pollution and the necessity for robust local governance to enforce compliance. (Para 10)
Ratio Decidendi: The court determined that failure to comply with previous orders and directives by local authorities regarding unauthorized hoardings constitutes negligence that must be addressed through strict enforcement mechanisms (Paras 36-39).
Result: The writ petition is disposed of with detailed directions to the relevant authorities to ensure ongoing compliance and removal of illegal structures.
| Table of Content |
|---|
| 1. visual pollution impacts tourism and environment. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. aesthetics are crucial for tourist experience. (Para 7 , 8) |
| 3. court acknowledges structure obstruction complaints. (Para 9 , 10 , 11) |
| 4. court emphasizes need for enforcement of laws. (Para 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23) |
| 5. continued violation necessitates comprehensive policy review. (Para 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32) |
| 6. broad directives for managing unauthorized installations. (Para 33 , 34 , 35 , 36 , 37 , 38 , 39 , 40) |
JUDGMENT
Rarely, if not ever, has 'Visual Pollution' and “Destination Aesthetics”– so vital to tourism – seriously, if not at all, engaged the attention of the Authorities in Kerala. These concepts are widely used to describe the compounded effects of disorder, excess and clutter of various objects and graphics in the landscape; and the inevitable corollary of lack of visual appeal and aesthetics.
2. While many parts of the World have awoken to the pernicious effects of “Visual Pollution” - which, in its most simplistic connotation, means the impairment of one's ability to enjoy a vista or a view - and its impact on safety, health and environment, leading to effective legislations against it, our civil officials, Authorities and politicians remain totally occluded to it often contributing to it unmindfully.
3. This is particularly a shame in our small State, which is an eclectic God bestowed cornucopia of enchanting waterfalls, beautiful lagoons, meandering rivers, breath taking hill stations and other amazing natural scenarios - making it a traveller's dream and a tourist's fantasy.
4. Kerala is truly 'Gods Own Country' - buffeted by the warm winds of the Arabian Sea to the West and sheltered by the Western Ghats to the East; from resplendent tea plantations to rich jungles; from the stunning beaches to the maze of backwater canals cutting through rice fields - the viridity unfolds in varying shades of lush green, as the colour spectrum expands to accommodate its soul.
5. Nature having bestowed our State with such visual magnificence, it is our existential compulsion to protect and preserve it, maintaining the tenuous balance between ever expanding human activity and sustainable development.
6. But, alas, this is one sphere in which policy makers, civil enforcement officials and politicians have failed; and unfortunately political parties - to whom the citizens of this State would normally turn for guidance and leadership - have been the contributors to “visual pollution” and aesthetic violation, compounded by the obvious health and safety risks attached to it, by carelessly, thoughtlessly and without care of its consequences, placing and installing large boards, banners, flags, festoons and such other in every nook and corner of public spaces and streets. Private entities and individuals have also followed it, advertising themselves or their wares through such boards and banners, knowing fully well that they are illegal, but presumably emboldened on account of such installations by the political class and even parties in power.
7. A survey on tourist magazines would luculently show the endless appeals to enjoy beautiful destinations, displaying photographs of blue seas, green islands, sailing boats and splendorous sunsets. When it comes to urban tourism, such images are sold with expressions of beauty, cityscapes inviting to be walked, inviting lighting, cozy restaurants, etc. The quest of tourists is essentially for beauty. Aesthetics matter. In marketing tourism, the first thing travellers relate to is the image of the place and destination they visit. Neatness is one of the most essential parameters and tourists have an anticipated idea of what they want to see – and it is certainly not dirt or lack of order, but expect the aesthetics they had foreseen. Indubitably, tourist attractions or facilities, cityscapes and landscapes, are appreciated only if properly