The Kerala High Court has ruled 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. The court emphasized that such action cannot be delayed merely because the plot's owner has not been identified.
Court's Ruling on Nuisance Removal
A bench of Justice P V Kunhikrishnan issued the ruling while considering a plea filed by Gigi Varghese of Mavelikkara. The petitioner sought a direction to the Mavelikkara Thekkekara panchayat to clear overgrown vegetation on a plot adjacent to his residence, which he claimed posed a serious threat to his and his family's lives. Although the panchayat acknowledged the nuisance, it stated in its reply that it was unable to identify the owner of the plot because the village officer had failed to provide the owner's details.
Observations on Snake Bite Incidents
During the hearing, the High Court 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, the court 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-government institutions cannot remain silent spectators, the court said, adding that common sense should prevail over the intricacies of the law.
Legal Basis Under Kerala Panchayat Raj Act
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.
Specific Directions to Panchayat
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. The ruling sets a precedent for local bodies across Kerala to take proactive measures in preventing snake-related hazards.
