The Kerala High Court has mandated that local panchayat authorities across the state take immediate action to clear wild vegetation from private plots that have turned into potential snake breeding grounds, thereby posing a threat to human safety. This directive applies even when the landowner remains unidentified, ensuring that panchayats can proceed with necessary measures without delay.
In a decisive order dated May 29, Justice PV Kunhikrishnan instructed panchayats to act swiftly in removing such nuisances and outlined that any incurred costs should be recovered from the property owner once identified. “The Panchayat should remove the nuisance stated by the petitioner in his adjacent property forthwith, without searching for the owner of the property, and the cost of doing so can be recovered from the original owner if he is ultimately found,” Justice Kunhikrishnan stated.
The case was initiated by a resident of Mavelikkara who approached the court due to the persistent threat posed by an adjacent abandoned plot overgrown with dense vegetation, which had resulted in frequent snake sightings. Although the petitioner had sought help from local authorities, the panchayat deferred action, claiming they needed to identify the landowner first. This reasoning was dismissed by the court.
Justice Kunhikrishnan criticized the panchayat for its inaction, emphasizing that governance should prioritize public safety over procedural formalities. “According to the panchayat, only after knowing the person in possession of the property or its owner, they can take action. I am of the considered opinion that this is not the manner in which the panchayat has to act. After a casualty, there is no point in doing the same. Swift action is necessary from the side of the authorities to avoid the nuisance when the life of the citizen is in danger,” remarked the court.
The court further highlighted the urgency of the situation, noting that delays had only heightened the risk to the petitioner’s family. “The panchayat is unaware of the property owner and is therefore delaying the matter, saying that a notice to the owner is necessary before removing the nuisance. Because of this inaction, the life of the petitioner is in danger,” the court observed.
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In its ruling, the court underscored the necessity for pragmatic governance, asserting that procedural intricacies should not impede urgent public safety measures. “In such a situation, common sense should prevail over the intricacies of the law. Local self-government institutions cannot sit as silent spectators,” Justice Kunhikrishnan noted.
Referencing recent incidents of snakebite fatalities reported across Kerala, the court linked these tragedies to neglected plots filled with overgrown vegetation. It emphasized that such negligence escalates the issue to a public safety emergency.
Utilizing Sections 238 and 239 of the Kerala Panchayat Raj Act, 1994, the court affirmed that panchayats possess the authority to address hazardous conditions, including the clearance of wild vegetation and snake habitats, without prior notice in cases of urgency. The court stressed that these powers should be exercised proactively to prevent potential harm.
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Ultimately, the court ordered the concerned panchayat to clear the overgrown vegetation within ten days and allowed the local body to recoup the expenses from the landowner once identified, treating the costs as arrears of land revenue. These directions are applicable to all local self-government institutions in Kerala.
Advocates Sadchith P Kurup and Akshara Ravi represented the petitioner, while advocate K Janardhana Shenoy represented the village officer and the panchayat.
