'Illegal Permanent Flag Masts Put Up By Political Parties, Unions Attract Nothing But A Blind Eye': Kerala HC Seeks State Response

The Kerala High Court on Wednesday asked the State to explain how and in what manner it planned to deal with the existing permanent flag masts on various roads and public spaces, mostly erected by vested interests. 

While seeking suggestions from competent authorities on how to regulate and remove such installations, Justice Devan Ramachandran criticised the political parties and unions for putting up permanent flag masts in public places without permission. 

... one fails to understand how a person can put up a permanent flagmast in a public space or 'purambokku' area without any permission. Such installations, if put up by any other person, would have invited action from the competent Authorities under the various penal laws, including the Land Conservancy Act. However, when such are put up by political parties, Unions and such other, a blind eye is often what it attracts and nothing else.

When the matter was taken up, it was found that a new circular dated 2.08.2022 has been issued by the Additional Chief Secretay in compliance with the directions given by the Court.

Senior Government Pleader, Advocate S. Kannan, submitted that as per the circulars issued, no flags, festoons, boards, or banners and such other would henceforth be permitted on any pedestrian rail, centre medians or traffic islands. He further added that steps would be taken by the Secretaries of Local Self Government Institutions to remove them if it is found in future.

The Senior Government Pleader also submitted that, as regards any new masts, it will be done only subject to permission being granted and that too, after following all required procedures under various laws, including the Land Conservancy Act.

However, the Court pointed out that the circulars do not mention permanent flag masts that are common in almost every street and traffic junctions of Kerala, which are put up by various entities, including Unions of autorickshaws or taxis, political parties and others.

"Interestingly, the Circulars above mentioned relate to boards, flags, banners etc. which are removable and not permanent...what is noticed in this case is with respect to the permanent flag-masts that are found very common in almost every streets and traffic junctions of Kerala, which are put up by various entities, including Unions of autorickshaws/taxis, political parties and such other. The Circulars above mentioned do not deal with this at all."

The matter has been adjourned to 24.08.2022; in the meantime, the Court has asked the Government to answer the afore observations, specifically clarifying that what is in question, in this case, are not flex boards/flag-masts/banners, but the permanent flag-masts that have been or are put up by vested interests without any care for law and without obtaining any permission.

The Judge has also directed 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 will be regulated and removed.

The Court had previously asked the State to issue an additional circular or a clarificatory circular specifically communicating that the illegal erection of flag poles and advertisements in any public place or on pedestrian handrails that affect its use by the common man should be acted against. 

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

Citation: 2022 LiveLaw(Ker) 404

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