'Why Are District Collectors Maintaining Stoic Silence?': Kerala High Court Seeks ATR On Illegal Flag Posts

The Kerala High Court on Thursday directed the respective District Collectors to initiate action against unauthorised flag masts in the State under the relevant provisions of the Kerala Land Conservancy Act. 

The Bench of Justice Devan Ramachandran observed that when there is an apparent illegality, it fails to understand why the District Collectors are maintaining silence on the issue.

"There can be no doubt that an illegality cannot be perpetuated, even if it is done by a political party or any other entity/person. The competent Authorities are obligated to act as per law; for which purpose, I do not think that a policy of the Government is necessary," it observed.

During the proceedings, Additional Advocate General Ashok M. Cherian conceded that the various flag-masts on the roads and public spaces if erected without authority will have to be dealt with appropriately in law.

He added that since these installations were made several years ago and not merely by political parties, but other entities and persons as well, the Government will take time to take an apposite decision to avoid unnecessary law and order problems in future.

Accordingly, he sought for three months time to evolve a policy and inform the Court.

Although the Court appreciated the stand of the Government that all unauthorized flag-masts will have to be removed, it found the time sought to be 'disproportionately excessive'. 

It was noted that the Court had taken cognizance of this issue as early as 12.10.2021 when the first order was issued; and subsequently, three more orders were issued on 01.11.2021, 15.11.2021 and 25.11.2021. In all those orders, the resolve of the Government to deal with this issue was repeatedly recorded.

"When the State affirms before me unequivocally that unauthorized flag-masts will have to be dealt with under the provisions of the applicable law, I fail to fathom why the District Collectors are maintaining stoic silence. This can only be construed to be an abdication of duties and obligations under the law. "

As such, finding that the exhortation of the Court to the perpetrators have not yielded any result, the stage was set for the District Collectors to step in and take necessary action, for which purpose the Court expressed its willingness to wait for a few weeks. 

"I make it clear that while taking such action, the District Collectors shall be at liberty to act within the contours of the Land Conservancy Act or such other applicable Statutes and Regulations and to impose penalties, so as to invoke prosecution steps against the perpetrators, as is warranted."

The Additional Advocate General was also directed to inform the Court if the Government has evolved any policy with respect to this matter so that it will become easier for the Court to modulate reliefs in future.

The matter will be called on 20th December within which time each of the District Collectors will inform this Court of the steps taken with respect to the illegal flag-masts within their territories.

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

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