Unauthorised Flagposts, Boards & Banners To Be Removed Within 30 Days : Kerala High Court Issues Further Directions

The Kerala High Court on Thursday issued a set of further directions to ensure that no new unauthorised flag posts, banners or boards are installed in the State and to remove the already existing ones within a period of 30 days.

Justice Devan Ramachandran found it imperative to notify such guidelines after observing that people had fallen back to their lackadaisical attitude regarding the erection of illegal boards, banners and flag posts in the State within a few months after the Court issued strict orders against the same. 

"..merely because this Court has not issued orders for the last few months, unauthorized Boards/Banners/Flags have now come to occupy the public spaces in the State, even though the Road Safety Commissioner has issued an order dated banning the placing of the same on any public space, including pedestrian paths, pedestrian railings, medians, traffic Islands etc."

The Court also noted that various persons and entities seem to have gained an impression that they can still violate this order and that no action will fall upon them.

"Through the advent of various orders passed by this Court – which are more than 20 or 25 in number - the stakeholders, including the Secretaries of the Local Self Government Institutions have been sufficiently warned, including that they will be personally responsible for the cost of the unauthorized installations. Pertinently, every time this Court passed orders to remove them, they were complied with, but it would simply return because the resolve to ensure that it is finally rid of is lacking," the order stated.  

Amicus curiae Advocate Hareesh Vasudevan informed the Court today that the main reason behind this menace not being fully eliminated was that advertising agencies who are unaware of the laws involved are entrusted with the task of installing them. This happens particularly because some of their workmen are not from Kerala.

The Court recorded these submissions and noted that since any installations can be made in public places only under the specific sanction of the Secretary of the respective Local Self Government Institution, certain additional directions had to be issued before disposing of this petition. 

Considering such circumstances, the Judge issued the following directions in addition to the ones already issued:

1. The Secretaries of Local Self Government Institutions to immediately begin a drive to remove all the unauthorized Boards/Banners/Flags contrary to the directions of the Court and in violation of the order of the Road Safety Commissioner; and return them to the perpetrators without dumping it in the public waste disposal systems, within 30 days from today. Necessary directions to the various Secretaries of the Local Self Government Institutions shall be issued by the Director of Panchayats and Director of Urban Affairs, through Circulars/Orders, within 5 days from today.
2. Every unauthorized Board/Banner/Flag etc. remaining after the afore period shall be the personal responsibility of the Secretaries of the Local Self Government Institutions, as also the Field Staff thereof, which will invite necessary action as per law.
3. No advertisement agency/entity is entitled to fix any unauthorized Board/Banner/Flag or such other in violation of the orders of the Court or contrary to the order of the Road Safety Commissioner, and for this purpose, they shall make such installations only after they are provided with the necessary sanction from the Secretary of the Local Self Government Institutions. Evey such Board/Banner/Flag shall contain their addresses and phone numbers displayed at its lower end so that necessary action can be taken in the event of any violation found against them by the competent Authorities.
4. Any Boards/Banners/Flags hereinafter printed without the details of the Printing Press/ Advertising Agency will be deemed to be illegal, inviting stringent action, including under the Indian Penal Code and the Land Conservancy Act. 
5. Any violation of the directions in 2, 3 and 4 will also entail the cancellation of the licenses to the Printing Press/ Advertising Agencies, subject to a proper enquiry being completed.

The matter has been listed for further consideration on February 21. 

The Court issued the order on a petition filed by a property owner who approached the Court through Advocate R.T Pradeep seeking police protection to remove flag posts that were allegedly put upon his property by political parties.

Other Developments in the Petition: 

• 'Why Are District Collectors Maintaining Stoic Silence?': Kerala High Court Seeks ATR On Illegal Flag Posts
• High Time We Realise We're Governed By 'Rule Of Law': Kerala High Court Proposes Action Against Illegal Flag Masts Under Land Conservancy Act
• 'Alarming Situation': Kerala High Court Issues Strict Instructions To Expeditiously Remove Illegal Flag Posts In State
• 'Points To A Complete Breakdown Of Law': Kerala High Court Cautions Against Installation Of Unauthorized Flag Posts In State

Case Title: Mannam Sugar Mills Cooperative Ltd v. Deputy Superintendant of Police 

Citation: 2022 LiveLaw (Ker) 33

Click Here To Read/Download The Order