Kerala High Court Expresses 'Exasperation' Over Reappearing Illegal Poles & Flags, Orders Statewide Drive To Prevent Reoccurrence

Justice Devan Ramachandran was considering a review petition filed in connection with a plea against illegal and unauthorized flags and banners.

The Court had earlier, disposed of the plea and gave directions declaring installation of unauthorized boards, banners, hoardings, flags, festoons as illegal and liable to fine and penal action.

The amicus curiae has filed a detailed report dated February 5, 2026, raising several pointed questions. Syam Prasath, Government Pleader appearing for the State of Kerala and its authorities, sought time to examine the report and respond to the questions raised therein.

Standing counsels appearing for the Corporations of Kochi and Thiruvananthapuram submitted that such violations occur at the ground level and that municipal authorities are often “caught in the crossfire” between competing interests. The Court, however, expressed dissatisfaction with these explanations.

“This Court is exasperated by the excuses that are offered. Poles and flags are installed with impunity every day and are removed by orders but only to reappear. All this is done in the name of the people and the liberties as are guaranteed under the Constitution,” the Court said.

The Court observed that illegal poles and flags are installed with impunity every day, removed pursuant to court orders, and then reinstalled under the guise of constitutional liberties. The Court questioned how such conduct could be justified when the illegality of these installations has already been conclusively declared and accepted by the Government.

The amicus curiae further pointed out that Secretaries of Local Self Government Institution (LSGI) either act out of fear or display indifference, while the police look into the matter only when specifically alerted.

“It is rather strange and bewildering that anyone is able to put up any installations within the premises on public places without any authorities being notified or informed. And the authorities then maintain a stoic silence, thus allowing it to be where it is for weeks or years on end.” the Court observed.

The amicus curiae has referred to specific instances like that of Elakunnapuzha Panchayat, where several boards have remained affixed for over a year, often overlapping each other. He added that similar conditions prevail across most parts of Kerala, with public spaces cluttered by unauthorised boards and flags.

The Court noted that citizens overwhelmingly welcome efforts to keep cities clean and free of unauthorised intrusions.

“The judgment of this Court and subsequent orders have been accepted by all the stakeholders and I dare say from the inputs that I am receiving from amicus curiae and others that citizens welcome their cities and public places to be kept clean without intrusions from unauthorised poles, flags etc.” Court noted

The Court expressed particular concern that most illegal installations are found on pedestrian railings, traffic islands and footpaths, posing a serious risk to public safety. Flags fluttering onto roads and protruding materials on railings, the Court said, are a sure cause for accidents, injuries and even fatalities.

The amicus curiae further informed the Court that illegal flags and boards are now being fastened using plastic tapes wound multiple times around railings and poles. Their removal, he said, is painstaking, often resulting in damage to public property such as chipped paint etc. The Court noted that it is nothing short of defacement of the public property.

“This is nothing short of defacement and callous...To the public exchequer which spends money for the upkeep of such installation, including by painting and...One cannot understand how any citizen or entity can have the courage to deface public spaces and installations in this manner; and the use of such materials causes long range and large scale damage and degradation to nature,”Court said. 

The Court also took note of the number of man-days lost and public resources, when the corporations and municipalities and other local self government institutions are forced to deploy personnel solely to remove installations that should never have been erected. “Where there is a duty to speak, silence is certainly a crime,” the Court remarked, reiterating its commitment to uphold the ideals of Swachh Bharat and Nava Kerala.

The Court accepted the request of the government pleader and granted time to respond to the amicus curiae's report. The response is to be filed in the form of an affidavit by the Principal Secretary of the Local Self Government Department (LSGD) or another competent authority.

The Court clarified that statutory responsibility does not rest with LSGI Secretaries alone, but primarily with the Joint Directors of the LSGD, who are duty-bound to supervise and ensure compliance. Expressing concern over their apparent inaction, the Court noted that no meaningful enforcement efforts have been brought to its notice so far.

Directing immediate action, the Court ordered all Joint Directors of the LSGD to initiate a comprehensive drive within their respective jurisdictions, issue necessary instructions to LSGI Secretaries, and ensure that no further illegal installations occur. The exercise must be completed within two weeks. Officers unable to comply have been directed to appear before the Court online for interaction.

Before concluding, the Court reminded all stakeholders that the State Police have already issued circulars to LSGIs regarding enforcement. These, the Court said, cannot remain “on paper alone,” and police authorities must act proactively whenever they receive information or complaints regarding illegal installations.

Case Title: Rahul K T v St. Stephen's Malankara Catholic Church

Case No: RP1394/ 2025 in WP(C) 22750/ 2018

Counsel for Respondents - George Varghese, A R Dileep, P J Joe Paul, Manu Sebastian, K V Sohan (State Attorney), Ashok M Cherian (Additional Advocate General), T S Shyamprasanth (Government Pleader), Vincent Joseph, Lal K Joseph, Babu Karukapadath, C N Prabhakaran, N Nandakumar Menon (Sr.), Suman Chakravarthy, M K Chandra Mohan Das, S Sreekumar, K K Chandran Pillai (Sr.), S Ambily, Namitha Nambiar, Saji Thomas, Vaniah Maria Dominic, M Meena John, Issac M Perumpillil, Santhosh P Poduval, Bindumol Joseph, B S Syamanthak, Anju Anilkumar, Prem Chand R Nair, Deepu Lal Mohan, Deepu Thankan

Amicus Curiae - Harish Vasudevan & Jacob Mathew