No New Illegal & Unauthorised Flag Masts Or Posts Either Permanent Or Temporary Be Installed In State: Kerala High Court
|The Kerala High Court was deciding a Writ Petition projecting a public cause that persons and entities are installing permanent Flag Masts in public places without the authority's permission.
The Kerala High Court has directed that no new illegal and unauthorised Flag Masts/Posts - either permanent or temporary will be installed in the State.
The Court was deciding a Writ Petition filed by Mannam Sugar Mills Co-operative Ltd., projecting a public cause that persons and entities are installing permanent Flag Masts in public places around the State, without obtaining even a semblance of permission from any authority.
A Single Bench of Justice Devan Ramachandran ordered, “Resultantly, I order this Writ Petition, recording the repeated undertakings made by the learned Additional Advocate General and the learned Government Pleader - as available in the afore extracted orders dated 27.01.2022, 28.03.2022, 03.08.2022 and 16.10.2024 - that no new illegal and unauthorised Flag Masts/Posts - either permanent or temporary - will be allowed to be installed on any public space, or "puramboke" area, or road margins in the State of Kerala, without having obtained specific permission for such from the Authorities concerned under the applicable laws.”
The Bench also directed the Secretary, Local Self Government Institutions, to issue a circular to all Local Self Government Institutions, as also to other entities who are concerned, informing them of the directions and ordering that they be complied with, implicitly, within two weeks from the date of the receipt of its Judgment copy.
Advocate R.T. Pradeep appeared for the Petitioner while Government Pleader Shyam Prasanth T.S. and Additional Advocate General (AAG) Asok M. Cherian appeared for the Respondents.
Facts of the Case
The Petitioner approached sought directions before the Court to the Police Officers concerned to afford them adequate and effective protection, so as to remove illegal flag masts allegedly erected by certain political parties on the public road leading to their property. The High Court had taken cognizance of the case as being one in public cause also, because it was conceded even by the Respondents that such illegal flag masts/posts are ubiquitous in the State.
Thereafter, certain Interim Orders were issued and consequently, it was reported by the counsel for the Petitioner that all offending Flag Posts/Masts have been removed pending this lis. He, however, raised a concern that unless the Court issues stringent general Orders, the Respondents or others may place such Posts/Masts again. The Court felt justification in this apprehension and hence, the case was still pending. The Government Pleader had informed the Court that the Government is taking the issue very seriously and intends to ensure that no such flag masts are put up in future.
Court’s Observations
The High Court in the above context of the case, observed, “… even today, the learned Government Pleader sought more time; reiterating the earlier submissions of the learned Additional Advocate General, that no new unauthorised permanent Flag Masts/Posts will be allowed to be installed any further.”
The Court remarked that the Government is procrastinating the formulation of protocols to remove the illegally installed Flag Masts/Posts on the public spaces of the State because of the reasons they candidly admitted, namely that they are all put up by entities, like Political Parties, Trade Unions, etc.
“That said, however, since the Government has, through the various orders on record, made unequivocal undertakings that no new permanent Flag Masts/Posts will be allowed on any part of the public spaces of the State without specific permissions being granted by, or obtained, from the competent Authorities, I am certain that this Court will be justified in recording the same”, it added.
The Court further took record of the undertaking of the AAG that a Policy is being brought out to remove the illegal Flag Masts/Posts which have been installed in the past; and that this will be done at the earliest, but not later than six months from the date of receipt of a copy of its Judgment.
“Consequently, interim orders referred to in this judgment supra, and the directions contained in the order dated 27.01.2022 are confirmed; and it is ordered that no new permanent or temporary Flag Masts/Posts will be allowed to be erected by any person/entity in any public space of the State, or in any "puramboke" area; or in the road margins, without having obtained the requisite and necessary permissions/clearances/concessions from the competent Authorities/Officials under the various applicable statues, including the Land Conservancy Act, the Panchayat Raj Act, the Municipal Corporations Act and such other”, it directed.
The Court also ordered the Secretary, Local Self Government Institutions to file an Action Taken Report, containing the steps pursued or completed along with the Circular within one month.
Accordingly, the High Court disposed of the Writ Petition and issued necessary directions.
Cause Title- The Mannam Sugar Mills Co-operative Ltd. v. Deputy Superintendent of Police & Ors. (Neutral Citation: 2025:KER:15112)
Appearance:
Petitioner: Advocates R.T. Pradeep, V. Vijulal, M. Bindudas, and K.C. Harish.
Respondents: Government Pleader Shyam Prasanth T.S. and AAG Asok M. Cherian.