Authorities "Afraid" To Act Against Illegal Flag-Masts Erected By Political Parties: Kerala High Court

The Kerala High Court on Wednesday reiterated its previous observation regarding permanent flag-masts being illegal as per the provisions of the Land Conservancy Act, and expressed its hope that the Government would come out with a policy of removing old masts and inhibiting the erection of new ones in its place.

Justice Devan Ramachandran observed that, 

"solely because they are put up by powerful interests, including political parties, Trade Unions and such other entities, the competent Authorities are either non-willing or afraid to act".

It was submitted on behalf of the respondents by the Additional Advocate General, .Ashok M. Cherian, on the instructions of the Government Pleader, T.S. Shyam Prasad, that no new permanent flag-posts had been allowed to be erected in the State. As regards the old ones, he submitted that certain amount of diplomacy and tact was required to deal with the same, as it may give result in law and order issues.

The Court expressed its displeasure that the same submissions had been made before the Court ever since the Writ petitions were taken up for consideration. 

Expressing his anguish at the current state of affairs, the Judge orally observed, "It is now time for you to tell me, do you want this State to be flooded with flags and poles? Is this how we want our State to be?" The Judge further added in his oral observations that it was not the flags and poles per se which concerned him, but rather, the accidents which may arise if they happen to fall upon unassuming citizens.

By stating its concerns and expressing the hope that the government would come out with a policy as aforementioned, the Court noted, 

"it is only if the Government shows their will, can there be a change, particularly if we want to foster a new Kerala".

The Court in this case was dealing with the installation of permanent flagpoles/ flagmasts in 'puramboke' area or public spaces without permission. 

The Court had earlier issued a direction to the competent authority to issue circulars within the ambit of the Land Conservancy Act, suggesting the manner and mode under which the existing illegal permanent flag masts would be regulated and removed.

The matter has been adjourned to September 22, 2022. 

The petitioners in the case were represented by M/S Advocates R.T. Pradeep, V. Vijulal, M. Bindudas, and K.C. Harish.

Case Title: Mannam Sugar Mills Corporative Ltd v. Deputy Superintendent of Police

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