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2025 Supreme(Online)(Ker) 55565

IN THE HIGH COURT OF KERALA
Harish Vasudevan, J
St. Stephen's Malankara Catholic Church Alappuzha v. State of Kerala
Writ Petition (Civil) 22750/2018 | Writ Petition (Civil) 25784/2018 | Writ Petition (Civil) 42574/2018



Advocates:
For the Petitioner: Harish Vasudevan
For the Respondents: State Attorney, Additional Chief Secretary

The installation of unauthorized boards and banners constitutes a public nuisance and health hazard, necessitating their removal and the enforcement of accountability among local authorities.

Headnote:(A) Kerala Road Safety Authority Act, 2007 - Section 14 - Unauthorized Boards/Banners/Hoardings causing visual pollution and safety hazards - The Court initiated comprehensive measures for removal of illegal installations following persistent violations, directing Local Self Government Secretaries to ensure compliance, detailing responsibilities, and penalizing defaults (Paras 1-40).

(B) Public Interest Litigation - The case commenced from a writ petition aimed at addressing visual pollution affecting pedestrian areas exacerbated by political and private advertising (Paras 9, 25, 35).

(C) Court's Role - Acknowledging failures of local authorities and emphasizing a proactive approach to eliminate visual clutter while protecting the environment and public safety (Paras 6, 10, 38).

(D) Guidelines Issued - Development of operational committees at various levels to monitor the removal of unauthorized structures and compliance with previous judicial directives, alongside government circulars to enable effective actions (Paras 19, 26, 39). (E)

Result: Orders issued incorporated key principles for long-term change, returning agency to local bodies while ensuring accountability. The judgment emphasizes collaboration among various government departments for effective implementation.

Table of Content
1. importance of visual aesthetics for tourism (Para 1 , 2 , 3 , 4 , 5)
2. conditions affecting pedestrian areas (Para 6 , 7 , 8)
3. petitioner's complaint regarding visual pollution (Para 9 , 10)
4. court's observations on prior judgments and actions (Para 11 , 12)
5. government's directives for enforcement (Para 19 , 20 , 21)
6. government's coordination with courts (Para 22 , 23 , 24)
7. establishing responsible mechanisms for complaints (Para 30 , 31 , 32)
8. final orders consolidating directions (Para 34 , 35 , 36)
9. recognition of collaborative efforts for aesthetic improvement (Para 37 , 38 , 39 , 40)

1. 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 traveler'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 travelers 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 landsca


















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