Kerala High Court Asks State To Expressly Prohibit Illegal Installations On Pedestrian Handrails Or Any Such Utilities

The Kerala High Court on Thursday 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 affects its use by the common man should be acted against. This direction was issued after Justice Devan Ramachandran was informed that the Additional Chief Secretary had issued a circular to all the local self-government institutions as directed by this Court against the illegal installation of any utilities that could block the traffic. Additional Advocate General Asok M.Cherian had submitted that the circular would make it clear that any flag post or such other installations including ad boards, festoons, banners, etc can't be permitted in any part of the road or pedestrian path in obstruction to the use of the same by the public."However, when I examine the circular, I notice that there is no specific mention of the earlier orders of the Court through which installations aforementioned have been prohibited to be put up on the pedestrian handrails or traffic medians."This suspicion arose since in the circular it was mentioned that no installations on the footpath that affect the pedestrians shall be erected, to which the Judge suggested any structure on the footpath would inevitably affect the pedestrians, and therefore, any installations on the footpath should be therefore explicitly made illegal. To this, the AG submitted that these orders were implied in the circular and that no illegal installations will be or can be permitted on the pedestrian handrails or traffic island or such other utilities.The Court while recording its appreciation for the efforts of the State, opined that this should be specifically mentioned in the circular. "Though this Court certainly appreciates this submission, I am of the view that the circular must be clarified by Additional Chief Secretary in the afore lines and either a new one or a clarificatory one needs to be issued so that it can be made known to the Secretaries and other officers of the local self-government institutions as also police authorities and such other which can other lead to the menace of such illegal installations being removed and stopped from the public spaces."The State was also directed to send the clarified or new circular to all authorities for implicit compliance. The Single Judge was adjudicating upon a petition filed by a cooperative society represented by Advocate R.T Pradeep seeking police protection to remove flag posts that were allegedly put upon their property by political parties. The matter will be taken up next on 23 June. In November 2021, the court had passed an interim order directing that no illegal flag poles or masts be put up in the state while the issue was being examined by it and directed a survey be conducted to detect the number of illegal flag posts erected in the State without obtaining the requisite permission.Later that month, surprised by the results of the survey, the Court had issued strict instructions to the State to ensure that no new unauthorised flag posts are installed in the State and to remove the already existing ones within a period of 10 days.Thereafter, in December, the Judge had 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 State had then sought three months to draw up a policy to regulate illegal flag poles but when the matter was taken up in late February, it sought more time to prepare a draft.Enraged over the continued inaction of the State and the responsible authorities on the issue, the Court had reiterated that every flag post put up without the requisite permission is illegal and that influential people should not be allowed to get away with it.Case Title: Mannam Sugar Mills Cooperative Ltd v. Deputy Superintendent of PoliceCitation: 2022 LiveLaw (Ker) 254

Kerala High Court Asks State To Expressly Prohibit Illegal Installations On Pedestrian Handrails Or Any Such Utilities

Hannah M Varghese

Tags