Kochi , 02 June (H.S.):In a significant ruling aimed at protecting public safety, the Kerala High Court has directed local self-government institutions to clear overgrown and neglected plots that have become breeding grounds for venomous snakes and other dangerous creatures, even if the owners of the properties cannot be identified.

Justice P.V. Kunhikrishnan observed that local bodies cannot remain passive merely because the ownership of a property is unclear. The court held that public safety must take precedence and that authorities are empowered to take immediate action in hazardous situations.

The order came while hearing a petition filed by Jiji Varghese, a resident of Thekkekara in Mavelikkara, who complained that an adjoining plot had become heavily overgrown and posed a serious threat to his family due to the presence of snakes and other poisonous creatures. The petitioner stated that he lives with his elderly parents and feared for their safety because of the worsening condition of the neighbouring property.

The court directed the Thekkekara Grama Panchayat to clear the overgrown land within ten days. Justice Kunhikrishnan further clarified that if a situation is dangerous and poses an immediate risk to residents, local authorities need not wait indefinitely after issuing notices to property owners before taking action.

Referring to Sections 238 and 239 of the Kerala Panchayat Raj Act, the court noted that local bodies have sufficient legal authority to remove nuisances and hazards that threaten public health and safety. Even when the owner of a property cannot be traced, the panchayat is duty-bound to intervene and eliminate the danger, the court said.

The judgment also stated that any expenses incurred in clearing the land can later be recovered from the property owner once their identity is established.

During the proceedings, the Thekkekara Grama Panchayat informed the court that despite seeking information from the village office, it had been unable to identify the owner of the plot and therefore could not issue a notice. The High Court rejected this argument, emphasizing that administrative difficulties cannot be used as a reason to ignore a public safety threat.

The ruling is expected to serve as an important precedent for local bodies across Kerala dealing with abandoned and overgrown properties that pose risks to neighbouring residents.

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Hindusthan Samachar / Arun Lakshman