No New Flag Masts Or Poles To Be Erected In The State Without Permission From Competent Authorities: Kerala High Court Orders

The single bench of Justice Devan Ramachandran further directed the Secretary of the Local Self Government Institutions to issue a circular informing all Local Self Government Institutions and other relevant entities of this directive.

Court ordered, “…no new permanent or temporary Flag Masts/ Poles 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 requisite and necessary permissions/clearances/concessions from the competent authorities/officials under the various applicable statutes, including the Land Conservancy Act, the Panchayat Raj Act, the Municipal Corporations Act and such other.”

The Court issued the above order in a writ petition filed in 2021 by a registered society at Pandalam in Pathanamthitta district. They had approached the Court seeking police protection for removing flag masts illegally erected by some political parties on the public road leading to their property.

The Court noted that in August 2024, the Additional Advocate General submitted that no new permanent Flag Posts or Masts would be allowed to be erected the State without taking specific permissions from authorities as per law. The Court was also informed that the removal of existing flag posts or masts installed by political parties, trade unions, and similar entities would require some time and diplomatic efforts. The Additional Advocate General also informed the Court that the Government will come out with a policy for removing the old illegal flag posts or masts.

However, the Court observed that this was never implemented. The Court noted that the matter was adjourned several times and that the Government was taking unreasonably long time to even formulate a policy in this regard.

Court stated, “It is thus rather obvious 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 above, namely that they are all put up by entities, like Political Parties, Trade Unions, etc.”

The Court then observed that the Government has given repeated undertakings that no new illegal and unauthorised flag masts or posts – whether permanent or temporary - would be permitted in any public space, puramboke area, or road margins in the State without obtaining the necessary permissions.

The Court thus recorded the submissions of the Additional Advocate General and Government Pleader that no new flag masts or posts would be erected without specific permissions from competent authorities.

The Government Pleader has also informed the Court that a policy would be introduced to remove illegally installed Flag Masts or Posts. The Court noted that this has to be done within six months.

Counsel for Petitioner: Advocates R.T.Pradeep, V.Vijulal, M.Bindudas, K.C.Harish

Counsel for Respondents: Government Pleader Shyamprasanth T.S, Additional Advocate General Asok M Cherian, Government Pleader T S Shyam

Case Title: The Mannam Sugar Mills Co-Operative Ltd. V Deputy Superintendent Of Police

Case No: WP(C) NO. 1671 OF 2021

Citation: 2025 LiveLaw (Ker) 139

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