Unauthorised Flag Posts In Public Spaces Erected By Political Bodies: Kerala High Court Seeks State Response

The Kerala High Court on Tuesday slammed the practice of political entities setting up flag posts in public spaces without obtaining the requisite permission from the concerned authorities. 

Justice Devan Ramachandran issued notice to the State and sought its response in the matter while remarking:

"The one question that crosses the mind of this court is how an entity is allowed to put up flag masts on public roads or road poramboke because this certainly would be a violation of the (Kerala) Land Conservancy Act. I am constrained to pose this question because such flag masts and installations are very ubiquitous all over the State and various entities of several hues and colours appear to be installing it as if they require no permission for doing so." 

The Court made this remark while adjudicating upon a plea demanding the removal of flagpoles erected in front of the petitioner society Mannam Sugar Mill. It noted that such flag posts were found in every nook and corner of the State and urged the authorities to be accountable in the issue.

"They are found in almost every junction in the State, wherever there are stands allotted for public utility vehicles or wherever they have political and other influence."  

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.

However, Government Pleader EC Bineesh submitted that the said flagpoles were not on the property of the petitioner but rather on a public road.

The Court opined that whether the installation is on private property or otherwise is irrelevant if it has been made without following due procedure. Accordingly the Secretary of Local Self Government Institutions was impleaded as a party to the case and sought his response.

Before the hearing concluded, the Court reiterated that the larger issue of such installations at other places must also obtain the attention of the competent authorities.

The Bench also directed the State to revert back on the next hearing, posted on November 1st.

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