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 presented and aesthetically maintained. Experience has shown that pedestrian tourists are more mysterious looking for neat sidewalks, colourful showcases, comfortable benches, fragrant farbars, restored old buildings with glorious facades. 8. How does our landscapes compare? Alas, somehow and for inscrutable reasons, the current condition of pedestrian areas in most parts of our state are overlooked and neglected. Be that in the Cities, Towns or Villages, public spaces are not ideal case studies, as they are often obstructed by electric wires, gaping manholes, and sewerage and water utilities, robing any pleasantry in the walking experience. And, to exacerbate, the limited pathways available are further obstructed by the menace of flex boards, hoardings, banners, festoons and flags, fixed to, or hanging over them. 9. About four and half years ago, the petitioner approached this Court through this writ petition, complaining that the view and sight to their buildings were being obstructed and blocked out by a certain political group and others, by placing huge billboards in the public spaces in front of it. 9. About four and half years ago, the petitioner approached this Court through this writ petition, complaining that the view and sight to their buildings were being obstructed and blocked out by a certain political group and others, by placing huge billboards in the public spaces in front of it. It may have been very easy for this court to have issued directions to the concerned Authorities, to have these boards removed and thus get a statistical closure of this writ petition; but I felt it constitutionally enjoined to commence a sustained effort against the uncontested menace of Boards/Banners/Hoardings/Flags/Festoons devouring our public spaces, since, even if the offending installations involved in this writ petition were removed, there was no guarantee that it will not be placed again by the same people, or others. This court was further persuaded to do so because, it was brought to judicial notice that the entire State had been flooded by such unauthorised and illegal Boards/Banners/Hoardings/Flags/Festoons; and it was thus unexpendable that this Court issue directions for general application for its removal, because otherwise, our State would turn into a virtual dump of countless such installations - which, subsequently, have been revealed to be in several lakhs in number - because once installed, they were never removed and fresh ones were either put on top of it, or the old ones recklessly flung to the road sides and other public spaces. 10. Further, it was clear from the pleadings on record that at least two judgments had been delivered in the past by two different Division Benches of this Court, directing removal of all unauthorised boards, banners, flags, etc., copies of which are available on record as Exhibits P10 and P12, but that no concrete action had been taken by any of the Authorities concerned. In fact, these judgments had been delivered noticing earlier circulars/orders issued by the Government, which have been appended to this writ petition as Exhibits P5 and P7; while a third circular, namely Exhibit P11, had been issued by the Government consequent to Exhibit P10 judgment, which was also noticed when Exhibit P12 had been delivered. In fact, the contents of Exhibit P7 circular dated08.01.2010 have been extracted in Exhibit P12 judgment, which reads as under: “1. In fact, the contents of Exhibit P7 circular dated08.01.2010 have been extracted in Exhibit P12 judgment, which reads as under: “1. The construction of worship places, idols of religious leaders or religious building on the Assets of Local Self Government or public places are to be prohibited. Such encroachments are to be evicted without any discrimination. 2. To evict the illegal encroachments police assistance can be utilised under Section 550 of Kerala Municipality Act and Section 252 of Kerala Panchayat Raj Act if necessary. 3. The advertisement boards, festoons, idols, flags, illegally erected by political parties, other unions, institutions, individual, without obtaining sanction from the Local Self Governments on roadside pavement, crossings, traffic circles and on other public places causing obstruction to pedestrians and traffic problem are to be prohibited and to proceed under the law and remove the same. (Emphasis Supplied) 4. With co-operation of public in public places of such area, Grama Panchayat/Municipality/Corporation shall initiate necessary steps to beautify and maintain it neat. 5. To take immediate action against any type of encroachment of public places within the limits of Grama Panchayat/Municipality/Corporation.” 11. However, in spite of all these, it was limpid that the menace of unauthorised boards/banners/flags etc. involving and occupying public spaces, continued with virtual impassivity; and hence that mere words would be of no consequence. 12. This unabated menace was, therefore, not one that this Court could afford to be oblivious to, since these illegal and unauthorized Boards/Banners/Hoardings/Flags/Festoons apart from causing disconcerting and annoying “visual pollution”, was also causing great stress on the already overwhelming public waste disposal system, posing grave and cataclysmic danger to motorists and pedestrians alike; apart from the inevitable and real health concerns since most of them were printed on dangerous and non-biodegradable materials. It was thus that this Court issued the first of the nearly thirty interim orders, on 27.07.2018, the relevant portions of which are as below: “In this case, the petitioner brings to the notice of this Court a very deleterious and disconcerting situation found in most of the urban areas and in some rural areas in Kerala. This is the placing, positioning and illegal installation of various boards, including advertisements and self promoting boards erected by individuals and entities on the street corners, pedestrian areas, on hand railings, public posts and every other public installation, as if all these areas are meant for advertisements and nothing else. This is the placing, positioning and illegal installation of various boards, including advertisements and self promoting boards erected by individuals and entities on the street corners, pedestrian areas, on hand railings, public posts and every other public installation, as if all these areas are meant for advertisements and nothing else. 2. The position sometimes is so distressing that the view of the pedestrians from the pedestrian path is completely blocked to the main road and what they see are only the back sides of large "flex boards" which are as tall as 8 or 10 feet in height. These boards, as common experience shows, are made using plastic and Poly-Vinyl Chloride (PVC) materials and are conveniently called "flex boards" and its use has now rapidly escalated, since I am told that the expenses for printing and making it is very exiguous. 4. That apart, the perilous and nocent effects of such hoardings with respect to the angle of pollution is also something that seems to be completely forgotten by the Authorities concerned who have a duty vested in them to ensure that the nationally and internationally accepted norms for pollution fighting is now adopted. It is baffling as to how the Authorities allow such flex boards and PVC boards to be installed on hand rails telephone posts, electrical posts or any other public installations as if the persons doing so have some right guaranteed to them as also the impunity to get away from such action and I am, therefore, of the firm view that it is now time for the concerned Authorities to have a comprehensive view of all these issues. 6. I am making this order essentially in public interest, since I notice that the petitioner herein has approached this Court against this malaise in the locality where they are situated. However, I am of the firm view that a parochial consideration of this is not apposite when this Court is also aware that such instances are rampant in almost all parts of Kerala. 9. However, I am of the firm view that a parochial consideration of this is not apposite when this Court is also aware that such instances are rampant in almost all parts of Kerala. 9. Therefore, answers will have to be given by those authorities who have control over the State of Kerala in such matters and I cannot find a better Authority than the Chief Secretary of the State of Kerala and the Principal Secretary in charge of the Local Self Government Institutions to inform this Court how this malady of individuals and institutions displaying boards in such indiscriminate manner is allowed in various territories of the State without any control. 10. I am making this order more so because, the learned Government Pleader brings to my notice Ext.P7, which is a Circular issued by the Government of Kerala as early as on 8.1.2010, wherein it appears that such installations and Boards have been virtually found illegal and impermissible. The fact that the circular has been in effect for the last more than 8 years but that the nuisance still continues unabated even today is something that has to be taken note of very seriously by the competent Authorities. The influence and power of the individuals and entities who indulge in such illegal activities cannot occlude the vision of the Authorities who are enjoined to act for the larger interests of the society. 11. For such reason, I direct respondents 1 and 2 to file an affidavit before this Court in this matter indicating the policy of the Government of Kerala with respect to such boards and also the "Advertisement Code" and the "Pollution Control mechanisms or Protocol", if any, applicable to the whole of the State and the manner in which such flex boards and PVC installations are being regulated or controlled. The affidavit shall be placed on record by respondents 1 and 2 positively on or before 16.8.2018.” 13. In pursuance of the directions in the above order, on 18.9.2018, the Additional Chief Secretary, Local Self Government Department had sworn to an affidavit affirming the above and unequivocally admitting that the Government was enjoined to remove unauthorized Boards/ Bill Boards/ Flags/Festoons installed without permission of the concerned Local Self Government Institutions and that many have been installed so. In pursuance of the directions in the above order, on 18.9.2018, the Additional Chief Secretary, Local Self Government Department had sworn to an affidavit affirming the above and unequivocally admitting that the Government was enjoined to remove unauthorized Boards/ Bill Boards/ Flags/Festoons installed without permission of the concerned Local Self Government Institutions and that many have been installed so. On the same day itself, Sri.Harish Vasudevan, Learned Counsel of the Court, was appointed as the Amicus Curiae, adverting to the order passed on 18.09.2018. 14. Subsequently, a Circular dated 06.10.2018, bearing No.R.C.2/41/2018/LSGD, was issued by the Government, the essence of it being, imposing primary responsibility on the Secretaries of the concerned Local Self Government Institutions to remove Boards/Banners/Hoardings/Flags/Festoons erected illegally by persons/entities. The Circular also specified the time frames within which these must be removed and outlined the consequences of failing to do so within the stipulated period, including fine and other legal proceedings against such individuals/entities. 15. Subsequently on 23-10-2018, the learned State Attorney informed this court that Nodal Officers has been appointed for the various Self Government institutions to oversee that all offices are following the Orders issued by this court and the Circulars issued by the Government; and that the citizens could approach the said Officers directly, if no action is seen taken by the concerned Secretaries/ Field Staff of the Local Self Government Institutions. This was recorded so, in the order of the said date. 16. Several orders/directions were thereafter issued, touching upon the various Circulars and Government Orders; and, meanwhile, the Election Commission was also brought on record, since violations were most often noticed during the election period. 17. However, the problems remained unabated and though several thousands, if not lakhs of Boards/Banners/Hoardings/Flags/Festoons had been removed, the learned Amicus Curiae reported on 26.02.2019 that, in the place of boards so removed, new ones were seen returned. The court, thereupon, issued an order on that day, containing directions ut infra: “10. Certainly, therefore, the time has come for this Court, to take cognizance of this and issue orders. I, therefore, order: (a) That all unauthorised flex boards/advertisement boards/banners/flags/hoardings which are now remaining on the public spaces/streets in this State shall be forthwith removed by the Secretaries of the concerned Local Self Government Institutions within a period of 10 days from today. Certainly, therefore, the time has come for this Court, to take cognizance of this and issue orders. I, therefore, order: (a) That all unauthorised flex boards/advertisement boards/banners/flags/hoardings which are now remaining on the public spaces/streets in this State shall be forthwith removed by the Secretaries of the concerned Local Self Government Institutions within a period of 10 days from today. (b) Every unauthorised board/banner/flag/hoarding which remains after 10 days from today will become the personal responsibility of the concerned Secretary/Field Staff of the Local Self Government Institutions; and as I have already cautioned in my earlier order dated 23.10.2018, the advertisement tariff and penalties for such boards will be recovered from such officers, through a personal recovery action to be initiated under the provisions of law, including the Revenue Recovery Act. (c) Since the State Government, as has been stated before me by Shri.K.V.Sohan, has virtually adopted the stand that they have no effective mechanism in enforcing orders against the Secretaries of the Local Self Government Institutions, and consequently, that the entire responsibility to enforce such orders/ directives are on such officers, I order that the District Collectors of the respective districts shall, after a period of 10 days from today, cause an inspection of the territory under them and initiate action with respect to each unauthorised board/ banner/flag/hoarding and make the concerned Secretary/Field Staff of the said Institution personally responsible and initiate action against them. (d) The concerned Secretary/Staff of the Local Government Institution shall, within the next 10 days, remove each of the unauthorised boards/ banners/flags/ hoardings, but shall not deposit them in the public disposal system and shall return each of them to the persons/entities who place or erect it illegally. They shall also, in addition to this, charge these persons/entities the applicable Tariff and Penalty and initiate action for recovery, failing which they will become responsible for such amounts. They shall also, in addition to this, charge these persons/entities the applicable Tariff and Penalty and initiate action for recovery, failing which they will become responsible for such amounts. I further order that when any unauthorised board/ flag/banner/hoarding is detected and consequentially removed and returned to the entity/person, an appropriate criminal case, either under the IPC or under the Highway Act or under the Police Act or all of them shall be charged and registered against the persons/entities responsible for its erection and the Station House Officer of the Local Police Station will be responsible for the registration and investigation of such offences, once information to that effect is given by the Local Self Government Institutions to them. (e) The State Police Chief will ensure that all Station House Officers of the Police Stations under him are adequately instructed to register cases against the entities/persons who erect such unauthorised boards/ banners/flags/hoardings, once such information is given to them by the Authorities of the Local Self Government Institutions and that investigation into such crime shall be conducted without fear or favour. (f) State Police Chief will also instruct the Station House Officers of all Police Stations to afford effective and adequate protection to the Secretaries, Field Staff and other employees of the Local Self Government Institutions, whenever such a requisition is made, so as to enable such persons to act in terms of this order without intimidation. (g) Even though the Government has appointed two officers at the highest level as the "Nodal Officers", the experience in the past few months has shown that these officers have thoroughly failed in what was entrusted to them; and I, therefore, am of the firm opinion that a Nodal Officer for each district now becomes imperative. I, resultantly direct the Government to appoint the respective Deputy Directors of Panchayaths and Regional Joint Directors of Urban Affairs to be the Nodal Officers, who will oversee the implementation of the orders of this Court as well as the Circulars and Orders of the Government and they will be in overall supervision and control over the entire exercise in future. The notification for this purpose shall be issued by the Principal Secretary, Local Government Institutions, within a period of one week from the date of receipt of copy of this order. The notification for this purpose shall be issued by the Principal Secretary, Local Government Institutions, within a period of one week from the date of receipt of copy of this order. (h) The respective Deputy Directors of Panchayaths and the Regional Joint Directors of Urban Affairs will publish their phone numbers, e- mail addresses and whatsapp numbers, if available, by making suitable notifications and publications, so that any member of the public and the citizenry of this State can approach said officers, whenever a violation is noticed by them. This shall be done by the respective officers without any delay but within a period of three days after the Government notifies them as the Nodal Officers.” 18. The Government accepted the above directions and issued a circular dated 20.07.2019 addressed to all the Secretaries of Local Self Government Institutions, as annexed below: 19. Thereafter, various innovations were thought of, but still the implementation of the directions seemed to pose challenges for the Authorities. 20. The problem still remaining unabated, the learned Amicus curiae pointed out that, one of the reasons for the lack of implementation of the directions of this Court and the Circulars consequent to it issued by the Government, is the clandestine way in which the entities/persons in the Advertisement/Printing industries act in disregard to the afore, requisitioned by vested interests. This court, therefore, in the order dated 17.07.2019, issued the following additional directions. “7. Consequentially, I order the Principal Secretary of the Local Self Government Department to incorporate necessary orders/directions to all Local Self Government Institutions in the circular to be issued as afore directed, to immediately initiate action against such entities/persons in the advertisement field who illegally engage in the erection of such unauthorised Boards/Banners/Flags, including cancellation of their licences. Needless to say, directions will also be issued to ensure that licences of such persons/entities are not renewed, if they are found indulging in activities contrary to the orders of this Court, since flagrant violations of this nature will require to be dealt with a firm hand.” 21. This matter thus was pending with various further orders being issued and each of such being complied with by the Government, by issuing corresponding Circulars regularly. This matter thus was pending with various further orders being issued and each of such being complied with by the Government, by issuing corresponding Circulars regularly. The case thus continued as a “work in progress”, with the Road Safety Authority also issuing Circulars in terms of the orders of this Court, one such being that dated 06.02.2020, reproduced under: 22. This was followed by another Order of this Court dated 03.03.2021, directing Election Commission of India, to make sure that all election procedures are in compliance with the directions of this Court and that no unauthorised Boards/Banners/Hoardings/Flags/Festoons, regardless of their nature, color, or character – be allowed to be placed by any political party in public places, in violation of such mandate. 23. In fact, the afore was fully accepted by the Election Commission of India; and as a matter of fact they incorporated the order of this Court as being part of the “Model Code of Conduct” applicable to all parties; and thus maintained a tight grip, thus saving public spaces from illegal and unauthorised Boards/Banners/Hoardings/Flags/Festoons; as was luculently exhibited in the elections to the Lok Sabha a month or so ago. 24. Unfortunately, even this did not obtain full results and hence on 19.01.2022, another order was issued, commanding Secretaries of all the Local Self Government Institutions to remove existing unauthorized Boards/Banners/Hoardings/Flags/Festoons; with a further direction that no Advertisement Agencies/entity shall install unauthorized Boards/Banners/Hoardings/Flags/Festoons in violation of orders of this court or the Circulars of the Government; adjunctly declaring that any such printed without authorization, will be deemed to be illegal, under the provisions of the Bharatiya Nyaya Sanhita and Land Conservancy Act consequentially leading to cancellation of license of said entities. The relevant portion of the order is extracted below for ease of reference: “6. In the afore circumstances, I make the following directions in addition to the ones which have already been issued: (a) The Secretaries of the Local Self Government Institutions shall immediately begin a drive to remove all the unauthorized Boards/Banners/Flags which are contrary to the directions of this Court and in violation of the order of the Road Safety Commissioner; and return them to the perpetrators without dumping it in the public waste disposal systems, within a period of thirty days from today. Necessary directions to the various Secretaries of the Local Self Government Institutions shall be issued by the Director of Panchayats and by the Director of Urban Affairs, by way of Circulars/Orders, within a period of five days from today. (b) Every unauthorized Board/Banner/Flag etc. remaining after the afore period as has been already declared by this Court shall be the personal responsibility of the Secretaries of the Local Self Government Institutions, as also the Field Staff thereof, which will invite necessary action as per law. (c) No Advertisement Agency/Entity shall be entitled to fix any unauthorized Board/Banner/Flag or such other in violation of the orders of this Court or contrary to the order of the Road Safety Commissioner; and for this purpose they shall make such installations only after they are provided the necessary sanction from the Secretary of the Local Self Government Institutions, and in no other manner. Every Board/Banner/Flag which shall be printed by the Advertisement Agencies/Printing Presses shall contain their addresses and phone numbers displayed at its lower end, so that necessary action can be taken in the event of any violation found against them by the competent Authorities. (d) Any Boards/Banners/Flags hereinafter printed without the details of the Printing Press/ Advertising Agency as above, will be deemed to be illegal, inviting stringent action, including under the Indian Penal Code and the Land Conservancy Act. (e) Any violation of the directions in (b), (c) and (d) above will also entail the cancellation to the licenses to the Printing Press/ Advertising Agencies, subject to a proper enquiry being completed.” 25. Though some results were thus obtained, the menace has not stopped as is evident from the fact that the learned Amicus Curiae kept on filing additional reports, showing continuous violations of the orders of this court. He pointed out that, this is primarily because the Secretaries of the Local Self Government Institutions were either scared of the vested powers, or did not obtain sufficient support from other official agencies. It was, therefore, necessary that they be sufficiently empowered; and with such purpose in mind, this Court issued another Order on 19.10.2022, constituting Committees at various levels, which is reproduced under: “15. It was, therefore, necessary that they be sufficiently empowered; and with such purpose in mind, this Court issued another Order on 19.10.2022, constituting Committees at various levels, which is reproduced under: “15. Resultantly, I order that the Secretary to Local Self Government Department issue immediate orders, not later than seven days from today, constituting the afore Committees: A. The Committee at the level of every Local Self Government Institutions , comprising of: a. Its Secretary; b. The Station House Officer of the Police Station/ Police Stations involved; c. The competent Official of the National Highway Authority of India and d. The competent Engineer of the PWD. B. District Monitoring Committee , comprising of: a. The District Joint Director of the Local Self Government Institution; b. The Executive Engineer of the PWD; c. The District Police Chief/Deputy District Police Chief and d. The Project Director/Competent equivalent Authority of the NHAI. The Local Self Government Institution level Committees will survey the territories under it at least every two weeks and remove all illegal Boards, Flags, Banners and such other, returning it to the persons who placed the same, along with registration of necessary FIRs, not in the name of the entities, but in the name of persons behind it; and make sure that prosecution and such other steps are launched. The Committees will further make sure that no new Boards and Flags are erected and that every person who does so are apprehended and brought to justice. In addition and from now onwards the advertisement Agencies/Entities which erect these Boards, Banners, Flags, Festoons and such other, in violation of the earlier orders of this Court shall immediately be notified of cancellation of their license, and necessary further action in this regard shall be completed. The proper performance of the Committees at the Local Self Government Institution level will be the responsibility of its Secretaries and if he is to find any deficiency in the same he/she will be at liberty to report it to the District Monitoring Committee. As far as the District Monitoring Committees are concerned, they will supervise the actions of the Committees at the Local Self Government Institution level and take necessary action, including by making recommendations under the applicable service law against any Authority who is found failing in the duties entrusted by this Court. As far as the District Monitoring Committees are concerned, they will supervise the actions of the Committees at the Local Self Government Institution level and take necessary action, including by making recommendations under the applicable service law against any Authority who is found failing in the duties entrusted by this Court. I make it clear that this Court will hold the District Monitoring Committees also responsible for any failure of the respective Local Self Government Institution Committees and the District Joint Director of the Local Self Government Department will be personally held liable for such actions, if it is unable to explain properly. As far as the National Highways are concerned, Sri. Bidan Chandran the learned Standing Counsel, affirms that except sign boards, nothing else is permitted on the Highways under the statutory scheme. He added that, before any other Board or advertisement is to be kept, the persons/entities have to obtain prior permission and license under the provisions of the Control of National Highways (Land and Traffic Act), 2002” 26. The Government obeyed the above directions fully and brought out an Order constituting a Committee at the District Level, calling it “Monitoring Committee” and one at the level of each Local Self Government. This Order is of great importance and is therefore, below annexed: 27. A subsequent Order was issued by the Government on 31.12.2022 amending the previous Government Order dated 12.12.2022 which changed the term “pathways along the National Highways in the State” to “Pathways in the State”. 28. While so, the Government issued another Government Order dated06.06.2023, recording that a meeting had been convened of all the Departments of the Government, chaired by the Hon’ble Chief Minister, Kerala, and attended by the learned Advocate General, the Chief Secretary and Law Secretary, recommending that the statutes/rules relevant to each of the Departments be amended so as to cause full implementation of the various orders of this Court. It is also mentioned therein that the co-ordination of the action for removal of violation from highways under the NHAI shall be with the Secretary, Public Works Department (PWD). This order has great relevance to the cause because, for the first time, the Government of Kerala recognised that statutory amendments are required to end the menace of illegal boards/flags/festoons and, therefore, is extracted below: 29. This order has great relevance to the cause because, for the first time, the Government of Kerala recognised that statutory amendments are required to end the menace of illegal boards/flags/festoons and, therefore, is extracted below: 29. In the meanwhile, the problem of disposal of the illegal boards, banners and hoardings so removed, also emerged. On 08.06.2023, on account of the oncoming monsoons, lack of space and the factum of overwhelmed Public Waste Disposal Systems, the question as to how the illegal Boards/Banners/Hoardings/Flags/Festoons etc. are to be finally disposed of, after the designated Committees removed them, arose. Even though this court, in its earlier orders, had directed the unauthorised Boards/Banners/Hoardings/ Flags/Festoons to be removed and returned to the persons/entities which installed it, the method to tackle the same had to be specified. Hence, this Court on08.06.2023 issued the following order: “6. Therefore, in order to ensure that the people of this State are not put to any deleterious consequences on account of the oncoming monsoons, I deem it apposite to issue the following directions which are more in a manner of reiteration and clarification than new, since the earlier orders issued encompasses them fully. a) The Committees designated by this Court shall forthwith remove all boards/flags/festoons and place them in an area to be identified as a 'holding area'. b) The Committees shall abide by the earlier orders of this Court regarding the initiation of criminal action against the perpetration and all such remains unaltered. c) On the boards/flags/festoons being so removed to the 'holding area', the Secretary of the Local Self Government Institutions will issue notices to the persons/entities which installed them, granting them not more than seven days’ time to remove the same, after remitting charges expended for its removal and handling. d) If the afore notices are not complied with by the persons/entities concerned, necessary action for prosecution and recovery of amounts for destruction of the boards/flags/festoons in a scientific manner shall be initiated and concluded against them. e) The afore shall also be accompanied by a notice to the Printer/Advertisement Agency, whose names and addresses must be ascertained through a proper enquiry; and action taken for cancellation of their license, especially in cases where the boards/flags/festoons not contain their names, in spite of the earlier directions of this Court. e) The afore shall also be accompanied by a notice to the Printer/Advertisement Agency, whose names and addresses must be ascertained through a proper enquiry; and action taken for cancellation of their license, especially in cases where the boards/flags/festoons not contain their names, in spite of the earlier directions of this Court. f) The Principal Secretary of the Local Self Government Institutions of the State of Kerala will issue a Circular to all the Secretaries of the Local Self Government Institutions containing the afore directions, within a period of three days from the date of receipt of a copy of this order. g) The Principal Secretary of the Local Self Government Institutions will also file an affidavit before this Court explaining the action taken pursuant to these directions and will closely monitor the process of removal and return of the boards/flags/festoons through appropriate agencies/officers, as it may deem fit, by the next posting date.” 30. The Government issued their circular dated 19.06.2023, incorporating all the above directions. Subsequently, on 31.10.2023, Smt.Sarada Muraleedharan, then Additional Chief Secretary, informed this court that, as per the Kerala Municipality (Erection of Arches and Setting up of Advertisement Boards in Public Streets and in Public Places) Rules, 1999, the penalty that can be imposed against each unauthorised board, or such structure, on any public spaces and streets, is Rs.5000/-; and that the Government has ordered to impose the same on each such unauthorised board/installations. This was recorded in the order dated 31.10.2023 and the following directions issued: “I, therefore, direct the committee constituted by this Court; and which are governed by the consequent of the Government, bearing No. GO (Rt) 3075/2022/LSGD dated 12.12.2022, to immediately remove every board installed in violation of the orders of this Court from across the State, imposing the maximum penalty of Rs.5,000/- per board on each of them, in addition to the expenses for its removal and initiation of prosecution. Even though this Court had given sufficient leeway and time for removal of the boards by the persons who installed them, the factum of them still continuing the streets would clearly show lack of respect for law by these persons. Even though this Court had given sufficient leeway and time for removal of the boards by the persons who installed them, the factum of them still continuing the streets would clearly show lack of respect for law by these persons. Normally, therefore, they do not require to be given any lenitude but, because this Court is now passing an affirmative order as afore, I direct the Committees to start action in terms of above directions after a period of seven days from today, so as to enable every person who has installed the boards illegally to remove them voluntarily and on their own volition, so as to avert the rigor of penalty and prosecution, if they are so interested.” 31. As admitted by the respondents, the unauthorised installations also violate various other legal provisions, including Sections 268 and 278 of the Indian Penal Code, 1860; Section 3 of the Prevention of Damage to Public Property Act , 1984; the Kerala Municipality Act ; Kerala Panchayat Raj Act and the Plastic Waste (Management and Handling) Rules. These laws mandate local bodies to remove unauthorized hoardings and advertisement boards within their jurisdiction and manage the containment of residual waste. However, due to lax enforcement, the problem continued to persist. 32. On 4.12.24, the learned Amicus Curiae - Sri.Harish Vasudevan, brought my attention to a report dated 3.12.2024 pointing out that the violations of the orders of this Court were continuing unabated and the order on that day was issued as under: “The learned Amicus Curiae – Sri.Harish Vasudevan, has filed a report dated 03.12.2024. He bewails that the violations are still continuing unabated. 2. This Court is also aware, but there is hardly anything that can be done if the Official Machinery continues to be either deliberately or otherwise indifferent or inactive. 3. Sri.Shyam Prashanth – learned Government Pleader, submitted that the State is committed to rid our State of all unauthorized boards, flags, festoons etc. He reiterated that the steps and measures have been taken; but added that, finally, it is the Local Self Government Institutions (LSGIs) which are to do it. 4. 3. Sri.Shyam Prashanth – learned Government Pleader, submitted that the State is committed to rid our State of all unauthorized boards, flags, festoons etc. He reiterated that the steps and measures have been taken; but added that, finally, it is the Local Self Government Institutions (LSGIs) which are to do it. 4. I am, therefore, sure that this Court will have to now interact with the Secretary, Department of Local Self Government Institutions of the Government of Kerala because, on an earlier occasion, the Officer had given very valuable suggestions, but many of which appear to be disregarded by the competent Authorities. 5. Be that as it may, as this Court has already declared is one of the earliest orders in these Writ Petitions, it is the Secretaries of the LSGIs who are finally responsible - not only for the removal of the boards but also for the collection of the fines, registration of the FIRs, and such others. The Committees at the various levels were constituted by this Court only because many of them said that they were scared of implementing orders on account of political and other pressure. This is not to mean that they are free of their obligations. 6. Since, even today, the impression given is that the Secretaries of the LSGIs are scared to act on being taken to task by vested interests, it is necessary that this Court also drive in the fear of law into them and make them realise that this is more powerful. Therefore, I issue the following directions today: (a) I record the submissions of Sri.Shyam Prashanth, that the Secretary, Department of LSGIs, Government of Kerala, will join this Court online at 4 p.m. on 11.12.2024 for interaction. (b) I direct the Secretaries of every LSGI to ensure that every unauthorized board, flag, festoon etc. is removed within a period of ten days from today. (c) I reiterate that every unauthorized board, flag, festoon - which is still remaining on the public streets - will be the personal responsib- ility of the Secretaries; and this Court will be compelled to collect fines from them personally. They are, of course, at liberty to set up squads for the removal of them, as to have the designated persons in the local areas, including the Field Staff, to ensure that all violations are removed. They are, of course, at liberty to set up squads for the removal of them, as to have the designated persons in the local areas, including the Field Staff, to ensure that all violations are removed. (d) I record that the learned Government Pleader has offered to inform every Secretary of the LSGIs the above directions through a circular to be issued by the competent Authority of the Government within a period of three days from today. This shall be ensured and the same produced before this Court by the next posting date. I also direct that all such circulars be brought to the notice of the Secretary, LS-GIs by e-mails and such other expedient methods. (e) If, during the discharge of any action as per these directions, any Secretary or staff of the LSGIs are to be threatened by any person or entity, it shall be the responsibility of the Police to ensure that they are given protection and such persons are taken to task under the warrant of law to the fullest extent. (f) I direct the learned State Police Chief to ensure necessary instructions in this regard are given to every Police Station within a period of three days through appropriate circulars/instructions.” It, therefore, became apparent that this Court was enjoined to act more strongly than ever before. This led to the Government issuing two circulars dated 10.12.2024 and 12.12.2024 respectively; which are reproduced hereunder. For the first time, there was decisive action on the ground and a clear change was seen with every illegal flag/board/festoon being removed. I considered the matter thereafter on 18 th December, 2024 and after interacting with the Principal Secretary, Local Self Government Institutions, another order was issued on that day appreciating the action taken and commending the admin- istration for it; with directions to all the Secretaries of the Local Self Government Institutions to continue to act as per orders without fail. The action of the authorities, as afore notice, led to certain vested interests intimidating and threatening the Secretaries and other Local Self Government Institutions which this Court could not see lightly. Therefore, on that day, this Court directed as under: “15. The action of the authorities, as afore notice, led to certain vested interests intimidating and threatening the Secretaries and other Local Self Government Institutions which this Court could not see lightly. Therefore, on that day, this Court directed as under: “15. In such circumstances, I order that: (a) The Authorities will continue to act in future, as if it is a mission in perpetuity, as per the earlier interim orders of this Court and the Government Circu- lars dated 11.12.2024, 12.12.2024, as also the Unofficial Note dated13.12.2024. (b) The Government, through its competent Authority, will issue a fresh Circular informing every Local Self Government Institution of the afore direction and emphasizing that the mission is a perpetual one; further making it again known to them that they are obligated to collect fines @ Rs.5,000/-, or whatever is to be fixed in future, against every piece of illegally installed art- icle - be that a board, flag or festoon from the perpetrators without fail; and that, otherwise, it would be their personal responsibility. (c) I direct the State Police Chief to issue necessary Circular to all the Station House Officers in Kerala, within a period of seven days from the date of re- ceipt of a copy of this order, through Email or such other methods, that whenever the Local Self Government Institutions approach them for registra- tion of an FIR, it shall be done peremptorily without any waste of time; and that failure to do so would make them personally liable in law.” The State Police Chief, thus brought out a Circular as ordered by this Court which has been placed on record along with the memo of the learned Government Pleader which also I deem it necessary to extract as under: Thereafter, one or two incidents of grave violations were brought to my notice, in- cluding by an Association of Government servants and recognizing that there must be a mechanism for citizens to complain. I directed the Government to open a web- site for the purpose of reporting installation of illegal boards/flags/festoons etc. The learned Government Pleader now says that such a mechanism would be put in place by the first week of April, 2025. 33. I directed the Government to open a web- site for the purpose of reporting installation of illegal boards/flags/festoons etc. The learned Government Pleader now says that such a mechanism would be put in place by the first week of April, 2025. 33. The catena of interim orders passed by this Court and the various Circulars issued consequent to it by the Government thus sets the stage for this Court to issue Judgment, consolidating and collating all the directions therein. 34. These Writ Petitions are thus ordered as under: (a) All Circulars/Orders issued by the Government and directions issued by this Court, particularly those referred to and extracted supra, are hereby confirmed and declared binding on all. Consequently, the installation of Unauthorised Boards/Banners/Hoardings/Flags/Festoons and such other, as defined and described in the Circulars/Orders of the Government and the interim orders of this Court, is declared illegal and liable to fine and penal action as per law. (b) In terms of the Circulars/Orders of the Government afore extracted, especially those dated 08.01.2010 (Ext P7), 06.10.2013, 10.12.2024 and 12.02.2024; and the interim Orders of this Court, it is further ordered that the non-removal of illegal Boards/Banners/Hoardings/Flags/Festoons - as of today or in future - shall become the personal responsibility of the Secretaries of the Local Self Government Institutions. This obligation and responsibility will be qua collection of fine for each violation, registration of FIR, collection of costs and action to be taken against Advertising Agency/Press, as ordered in the interim order of this Court dated 19.01.2022 and GO (Rt) No. 3075/2022/LSGD dated12.12.2022. (c) The State Police Chief is ordered to ensure full compliance of his Circular, bearing No.2/2025/PHQ, dated 8.1.2025, by all the Station House Officers; and further that should there be any violation of the same, necessary action against erring officials be taken as per law. (d) The Joint Directors of Local Self Government Institutions/Convenors of District Level Monitoring Committees shall ensure that necessary review meetings and collating of reports from the Secretaries of the Local Self Government Institutions are done on a regular basis, preferably monthly; and necessary action taken, including by reporting it to the Secretary, LSGI Department - which Authority is admittedly, vested with the co-ordination of implementation of the Orders and Circulars of the Government. (e) The Secretary, PWD, is ordered to act implicitly in terms of the Government Order, G.O.(Rt)No.1173/2023/LSGD, dated 06.06.2023, in relation to violation in Highways under National Highways Authority of India. (f) The Election Commission of India and the State Election Commission of Kerala, are directed to ensure that the Orders of this Court and Circulars/Orders of the Government are not violated by any entity or political party during election times. Necessary incorporations of this shall be made in the Model Code of Conduct, to be published by them in future; and while doing so, the interim order of this Court dated 03.03.2021 shall be adverted to. (g) The Road Safety Authority, namely respondent No.22, is hereby directed to ensure that the directions of this Court and the Circulars/Orders of the Government, are implicitly complied with under the ambit of Section 14 of the Kerala Road Safety Authority Act, 2007; and to take necessary steps for this within a period of one month from the date of receipt of a copy of this judgment. The order issued by the said Authority, bearing No. A2/121/KRSA/2013, dated 06.02.2020 - extracted in paragraph 21 above, is affirmed and it is directed to ensure its full compliance in future, perpetually. 35. This Writ Petition will thus stand disposed of on the basis of the afore directions; but I order that it be listed on the 10th of April 2025 for the Secretary, Local Self Government Institutions, to file her report on the action taken with respect to the internet platform for preferring complaints by citizens as also the first compliance report in terms of the directions in (d) above, for the consideration of this Court; as also for the Road Safety Authority to file its report on the steps taken as per direction ‘(g)’ above. In addition, the Government of Kerala, through appropriate Official/ Authority, will file a report before this Court as to the progress of the action as stipulated by it in its Order dated 06.06.2023. 36. In denouement, I must say that this Court took upon itself a task in the year 2018, when it was thought impossible to achieve what it set out to; and this was manifest from the various impediments caused by vested interests, which included even personal attacks against it at various times. 36. In denouement, I must say that this Court took upon itself a task in the year 2018, when it was thought impossible to achieve what it set out to; and this was manifest from the various impediments caused by vested interests, which included even personal attacks against it at various times. However, I record unreserved appreciation of the unstinted support given to the endeavor and to the intent of this Court, by the Government of Kerala, particularly in its Local Self Government Department and Secretary, evident from the fact that every interim order referred above and otherwise, were implemented in its letter and spirit, through the issuance of apposite Circulars and Orders, without any waste of time, sometimes even within a day or two. 37. This Court also notes with commendation the assistance offered by the learned Additional Advocate General - Sri.Ashok M Cherian and the learned Government Pleader - Sri.Shyam Prasanth, both of whom travelled with this Court, enliving the stated intent of the Government to rid Kerala of the menace of unauthorised Boards/Banners/Hoardings/Flags/Festoons; and ensuring that necessary pleadings, Orders and Circulars were placed on record. 38. No doubt, the beginning has been made and it is widely reported that our State has become cleaner and more aesthetic on account of the removal of the majority of the unauthorised boards/flags and festoons. It is now for the Government to implement their own Orders/Circulars, as also the directions of this Court in the earlier interim orders and which are part of this judgment. 39. This Court has no doubt that necessary measures in this regard are imperative, for the march of this State to the future years, to achieve the ideal of ‘Navakeralam’ and to maintain it as “God’s Own Country”. 40. Cliched as the usage may be, last but not the least, I place on record commendation to Sri.Harish Vasudevan, the learned Amicus Curiae, who acted without fear in filing reports from time to time on all the violations; and in doing so, even beyond his call of duty and without any claim for remuneration. The reports on record are numerous and I acknowledge the effort, time and energy expended and spent by Sri.Harish Vasudevan for this. The reports on record are numerous and I acknowledge the effort, time and energy expended and spent by Sri.Harish Vasudevan for this. Some credit certainly goes to him also for the breakthrough achieved – albeit taking a few years; and for this Court being able to dispose of this matter on a happy note. I leave liberty to the learned Amicus Curiae Sri.Harish Vasudevan - who shall hereinafter be assisted by Sri.Jacob Mathew, learned counsel of this Court - to file periodic reports before this Court, preferably by the next posting date or even earlier, depending upon the requirement; in which event, it shall be listed along with the afore action taken reports or even earlier - as the case may be, so as to enable this court to issue appropriate order.