The Kerala High Court recently held that panchayat authorities must clear wild vegetation on private plots that have become snake breeding grounds and pose a threat to life, even when the property owner is unidentified..The same should be done even in cases where property owner cannot be identified, the Court said.In the order date May 29, Justice PV Kunhikrishnan laid down that panchayats across the State must act swiftly and recover costs later from the owner."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." .The case arose from a petition filed by a Mavelikkara resident who approached the Court stating that he and his elderly parents were living under constant threat due to an adjacent abandoned property covered in dense vegetation. The petitioner had approached authorities after repeated snake sightings. The panchayat acknowledged the nuisance but had declined to act, stating that it could proceed only after identifying the owner. The village officer, in turn, had failed to provide ownership details.Addressing this stand, the Court rejected the panchayat’s reasoning that action depends on identifying the owner."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," held the Court..The Court further noted that the delay itself was exacerbating the risk to the petitioner and his 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," said the Court..The Court underscored need for practical governance and said that procedural requirements cannot override urgent public safety concerns."In such a situation, common sense should prevail over the intricacies of the law. Local self government institutions cannot sit as silent spectators," it observed..The Court also noted recent news reports of snakebite deaths being reported across Kerala since the beginning of the new academic year. It held that such incidents are often linked to neglected plots overgrown with vegetation."When such negligence begins to cost human lives, the issue is no longer a mere nuisance but a public safety emergency," observed the Court..It placed reliance on Sections 238 (precautions in case of dangerous trees and pruning of hedges and trees) and 239 (power of Panchayat for carrying out their functions) of the Kerala Panchayat Raj Act, 1994 to hold that panchayats have the authority to remove dangerous conditions, including wild vegetation and snake habitats, even without prior notice in urgent cases. It held that such powers must be exercised proactively to prevent harm. "A combined reading of Sections 238 and 239 of the Act 1994 makes it clear that the panchayat has such power in such an immediate situation," the judgment said..Ultimately, the Court directed the panchayat to clear the overgrown vegetation within ten days. It further permitted the local body to recover the expenses from the landowner once identified, treating the amount as arrears of land revenue.The Court also declared that these directions would apply to all local self-government institutions in Kerala..Advocates Sadchith P Kurup and Akshara Ravi appeared for the petitioner.The village officer and the panchayat were represented by advocate K Janardhana Shenoy. .[Read Judgment]
