The Kerala High Court on Friday orally expressed displeasure over the continued installation of unauthorised boards and flags in public spaces across the state, despite clear judicial directions, terming the situation shocking and disturbing.

Justice Devan Ramachandran was considering a review petition in a case relating to illegal boards, banners and flags, which the court had earlier declared unlawful and liable for penal action.

The court recalled that it had previously directed authorities to remove unauthorised boards, banners, hoardings, flags and festoons, and impose fines where necessary. During an earlier hearing, it had also flagged the failure of the K-SMART grievance system in ensuring the removal of illegal hoardings and suggested adopting a WhatsApp-based mechanism used by the Local Self Government Department for waste management.

The matter was listed on Friday at the request of amicus curiae Advocate Harish Vasudevan, who submitted a report on fresh instances of unauthorised hoardings and flags in Thiruvananthapuram district. Taking note of the submissions, the court said allowing such installations despite repeated judgments and directions was "surprising and distressing".

The amicus curiae further pointed out that several hoardings and flags obstructed pedestrian footpaths. The court reiterated that pedestrian rights, especially at footpaths and zebra crossings, cannot be compromised under any circumstances, and said reports of fresh violations were deeply concerning.

Appearing for the Thiruvananthapuram Corporation, advocate Subin Chakravarthy submitted that the issue would be examined immediately and a detailed response filed. He said action had already been initiated, including issuing notices to those responsible for unauthorised installations.

However, the court remarked that assurances were not enough and that compliance must be visible on the ground. It observed that the growing culture of encroaching upon public spaces must change, adding that the concept of "Nava Kerala" should reflect in public conduct and governance.

The amicus curiae also submitted that similar violations had been reported from Kochi and other parts of the state. Expressing concern, the court said any unwillingness to enforce constitutional and statutory mandates would indicate systemic failure.

Accepting the Corporation's request for time, the court said it would refrain from making further observations at this stage. It directed the Corporations to file responses detailing the number of unauthorised boards and flags, the action taken for their removal, and other relevant particulars.
(With LiveLaw inputs)