Local bodies duty-bound to remove overgrown vegetation from vacant plots: Kerala HC

Kochi: High court has held that local bodies are duty-bound to promptly remove vegetation and wild grass from vacant plots that become breeding grounds for snakes and pose a threat to nearby residents. Such action cannot be delayed merely because the plot’s owner has not been identified, the court said.

A bench of Justice P V Kunhikrishnan issued the ruling while considering a plea filed by Gigi Varghese of Mavelikkara seeking a direction to the Mavelikkara Thekkekara panchayat to clear the overgrown vegetation on a plot adjacent to his residence, which, according to him, posed a serious threat to his and his family’s lives. Although the panchayat acknowledged the nuisance, it stated in its reply to the petitioner that it was unable to identify the owner of the plot because the village officer had failed to provide the owner’s details.

During hearing, HC observed that as Kerala enters a new academic year, reports of schoolchildren and even adults dying from snake bites are becoming alarmingly frequent. One of the major man-made causes, it noted, is the presence of vacant and unattended residential plots overrun with wild vegetation and tall grass, which silently turn into ideal breeding grounds for snakes. In such circumstances, local self-govt institutions cannot remain silent spectators, the court said, adding that common sense should prevail over the intricacies of the law.

The court further pointed out that under the Kerala Panchayat Raj Act, a village panchayat has the power to take necessary action to abate a nuisance caused by wild or noxious vegetation or the presence of poisonous reptiles, harmful animals, or insects in an unattended plot within a reasonable period. Accordingly, the court held that the panchayat should act swiftly to remove the nuisance even if the owner of the property cannot immediately be identified, and recover the cost incurred from the owner if and when he is traced. The court also directed the Mavelikkara Thekkekara panchayat to clear the overgrown grass and wild vegetation on the property adjacent to the petitioner’s residence within 10 days.