a semblance of permission from any Authority.
2. The petitioner approached this Court seeking
on the public road leading to their property.
3. This Court took cognizance of the matter as being
in our State.
4. Certain interim orders were then issued - with
offending Flag Posts/Masts have been removed pending this lis. He,
5. I felt justification in this apprehension and it is
6. Interestingly, the Government, through its learned
Additional Advocate General, Shri.Ashok M. Cherian, instructed by
Shri. T.S.Shyam Prasanth - learned Government Pleader, informed
unauthorised and illegal Flag Masts are put up in future. This was
The learned Additional Advocate General, Sri.Asok
M.Cherian, submitted that the Government has taken the
observation of this Court very seriously and that they
propose to bring out Regulations with respect to the
unauthorised flagmasts. He added that some of the
District Collectors have already taken action in terms of
the directions in the afore order and that the other
District Collectors will do so and report before this Court;
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for which purpose, he requested another month's time.
I do not need to reiterate the resolve of this
Court, since it has already been unambiguously stated in
the earlier orders.
What is illegal must be deemed to be illegal,
whoever has done it. No one is above law and, as they
say: however, high you are, the law is always above you.
Imperative actions certainly will have to be
taken in terms of law and under the constitutional
mandate, without looking at the entities or persons who
are the perpetrators.
I, therefore, adjourn this matter to be called on
27.01.2022.
Since I have heard this matter fully and since
interim orders have also been issued, leading to the
issuance of a final judgment, I deem it appropriate that
this matter be treated as being "part-heard".
Needless to say, the District Collectors will act
as per the afore referred order in its true spirit; and
reports will be filed by the next posting date.
7. Subsequently, on 27.01.2022, Shri.S.Kannan,
learned Government Pleader, reaffirmed that the Government will
not permit any new permanent Flag Masts to be erected anywhere
illegally; and this was also recorded in the order issued on that day,
with certain directions issued on its basis, ut infra:
Sri.S.Kannan - learned Senior Government
Pleader, requested for time on behalf of the learned
Additional Advocate General - Sr.Asok M.Cherian, saying
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that he is presently indisposed.
Sri.S.Kannan, however, submitted that,
imbibing the spirit of the orders passed by this Court
already, no new flag masts are being allowed to be
erected, and that action has also been taken in various
districts to remove those which have been illegally done.
In fact, Sri.R.T.Pradeep - learned counsel for the
petitioner, affirms that the illegal flag masts involved in
this case have already been removed.
That said, this Court is aware of the stand of
the Government that they are in the process of evolving a
comprehensive policy with respect to flag masts to be
erected in future and those which have already been
installed. Since this is a matter of policy and the learned
Additional Advocate General is stated to be indisposed
presently, I deem it appropriate to grant three more
weeks time.
Needless to say, the earlier orders issued
against the District Collectors will continue to be in
operation and this Court would expect reports from each
of the districts as to the action already taken with respect
to illegally installed posts and flag masts.
It also goes without saying that no new flag
masts or posts will be allowed to be erected anywhere in
Kerala until the policy is evolved by the Government, as
stated before me by the learned Senior Government
Pleader. I, therefore, adjourn this matter to be called on
21.02.2022.
8. This matter was listed several times thereafter;
and on 28.03.2022, the Additional Advocate General was heard in
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detail, thus leading to another order, reproduced below:
In the order dated 20.12.2021, I have recorded
the submission of the learned Additional Advocate
General that the Government proposes to bring out
adequate Regulations with respect to permanent flag-
masts in the territory of this State.
Through that order and the subsequent order
dated 27.01.2022, this Court directed that no new
permanent flag-masts or posts be allowed to be erected
anywhere in Kerala, until a Policy is evolved by the
Government.
Today, the learned Additional Advocate General
submitted that, in terms of the intent and spirit of the
various orders issued by this Court, the Government have
constituted a High Level Committee, comprised of the
learned Additional Advocate General, the Chief
Secretary, the Law Secretary and the Home Secretary,
who have been entrusted with the task of propounding
Regulations and instructions for the purpose of erection
of new permanent flag-masts and for removal of those
which are unauthorized.
I must say that the afore effort of the
Government is certainly in the right direction and this
Court will be only to happy to support the same, under
the hortative hope that affirmative action will be
forthcoming through the same.
Therefore, confirming the order dated
27.01.2022, I direct the competent Authorities to ensure
that no one is allowed to put up any permanent flag-
masts or posts anywhere in Kerala, until the afore
Policy/Regulations is evolved and placed before this
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Court for evaluation. I record that the learned Additional
Advocate General also affirmed this.
As far as permanent flag posts and masts which
have been erected dangerously on the road sides or on
such public places are concerned, I make it clear that the
District Collectors or such other Authorities, including
the Secretaries of the Local Self Government Institutions,
are still enjoined to act in terms of the Land Conservancy
Act and such other applicable Statutes; for which
purpose, they are not required to wait until the afore
Policy/Regulations are brought in.
List this matter for further consideration on
01.06.2022, at the request of the learned Additional
Advocate General.
9. Nothing went forward thereafter; but on
02.06.2022, the Additional Advocate General submitted that the
Government has issued a Circular, bearing
No. RC 2/315/202/LSGD dated 06.05.2022; but conceded that this
was against the installation of unauthorised boards, flags, festoons
and such other on the public spaces, including pedestrian paths.
10. However, since the specific issue in this case
relates to the indiscriminate installation of unauthorised and illegal
permanent Flag Posts/Masts by entities and persons on every nook
and corner of the State, the learned Additional Advocate General
took more time.
11. The matter continued without much progress; with
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the Government repeatedly assuring and reassuring this Court that
necessary Orders/Circulars will be issued. In fact, on 03.08.2022,
the learned Government Pleader reiterated that no new permanent
Flag Masts will be allowed anywhere, without specific permission
under all applicable laws being obtained; and this was recorded in
the order which I indited on that day, which also deserves full
reading, for which, it is extracted under:
A new Circular, dated 02.08.2022, is stated to
have been issued by the Additional Chief Secretary in
compliance with the directions of this Court dated
07.07.2022.
Sri.S.Kannan - learned Senior Government
Pleader, submitted that the aforementioned Circular,
read with Circulars dated 06.05.2022 and 05.07.2022,
covers the field exhaustively and that no
flags/festoons/boards/banners and such other will
henceforth be permitted on any pedestrian rail, centre
medians or traffic islands. He added that steps will be
taken by the Secretaries of Local Self Government
Institutions to remove them, if it is found in future.
Interestingly, the Circulars above mentioned
relate to boards, flags, banners etc. which are removable
and not permanent. This Court is already considering
issues relating to the same in another batch of Writ
Petitions, namely WP(C)No.22750/2018 and connected
cases.
However, what is noticed in this case, as
evident from earlier orders, is with respect to the
permanent flag-masts that are found very common in
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almost every streets and traffic junctions of Kerala, which
are put up by various entities, including Unions of
autorikshaws/taxis, political parties and such other. The
Circulars above mentioned do not deal with this at all.
As this Court has been reminding the
Government consistently, including through the order
dated 12.10.2021, 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.
Going by the facts of this case also, the
impugned permanent installation was almost in the
centre of a road. It is submitted that the same has been
removed under the orders of this Court.
In fact, the petitioner in WP(C)No.16965/2022
has produced Ext.P2(a) photograph to show how such
permanent flag-masts can create havoc to drivers of
vehicles and pedestrians; but citizens are unable to
respond against the same, for fear of retribution. The
tendency of vested interests to place flag-masts wherever
they want certainly must be arrested, since this is a
nation which is ruled by law.
Obviously, therefore, the Government has to
inform this Court how and in what manner the existing
permanent flag masts on various roads and public spaces
will be dealt with. I also record the submission of
Sri.S.Kannan that, as regards any new masts, it will be
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done only subject to permission being granted and that
too, after following all requisite procedures under various
laws, including the Land Conservancy Act.
I, therefore, in deference to the request of time
as made by the learned Government Pleader - so as to
enable the learned Additional Advocate General -
Sri.Ashok M. Cherian to appear - adjourn this matter to
be called on 24.08.2022; within which time, this Court
expects 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.
An appropriate proceedings/circular shall be
issued by the competent Authority in this regard,
particularly within the ambit of Land Conservancy Act,
suggesting the manner and mode under which the
existing illegal permanent flag-masts will be regulated
and removed.
12. Thereafter, when this matter was considered on
24th August 2022, the learned Additional Advocate General once
again reiterated that no new permanent Flag Posts/Masts will be
allowed to be erected anywhere in Kerala without specific
permission in law being obtained; but sought further time with
respect to the removal of the ones already available, explaining that,
it will require some amount of diplomacy and tactics, since they
have been put up by "powerful" interests, including Political Parties,
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Trade Unions and such other entities. He concluded, undertaking
that the Government will come out with a policy for removing the
old illegal Flag Posts/Masts; and believing such, I adjourned this
case to be called on 22.09.2022.
13. Rather distressingly, the Policy, as promised
above, was never brought before this Court, and this matter was
then listed on 16.10.2024. On this day also, the learned Government
Pleader - Sri.T.S.Shyam Prasanth, submitted that, since most, if not
all, illegal permanent Flag Posts/Masts have been put up by Political
Parties, Trade Unions and such other, the Government is still
deliberating upon bring out the new Policy - as was assured before
this Court - since, discussions with such entities are being carried
on. I, therefore, adjourned this matter to 11.12.2024; but recording
disappointment that the Government is taking unreasonably long
time - of more than two years - to even report the results of the
stated "discussions" they had with this stake holders.
14. However, even today, the learned Government
Pleader sought more time; reiterating the earlier submissions of the
learned Additional Advocate General, that no new unauthorised
permanent Flag Masts/Posts will be allowed to be installed any
further.
15. It is thus rather obvious that the Government is
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procrastinating the formulation of protocols to remove the illegally
installed Flag Masts/Posts on the public spaces of the State because
of the reasons they candidly admitted above, namely that they are
all put up by entities, like Political Parties, Trade Unions, etc.
16. That said, however, since the Government has,
through the various orders on record, made unequivocal
undertakings that no new permanent Flag Masts/Posts will be
allowed on any part of the public spaces of the State without
specific permissions being granted by, or obtained, from the
competent Authorities, I am certain that this Court will be justified
in recording the same.
17. Resultantly, I order this Writ Petition, recording
the repeated undertakings made by the learned Additional Advocate
General and the learned Government Pleader - as available in the
afore extracted orders dated 27.01.2022, 28.03.2022, 03.08.2022
and 16.10.2024 - that no new illegal and unauthorised Flag
Masts/Posts - either permanent or temporary - will be allowed to
be installed on any public space, or "puramboke" area, or road
margins in the State of Kerala, without having obtained specific
permission for such from the Authorities concerned under the
applicable laws.
18. I further record the undertaking of the learned
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Additional Advocate General that a Policy is being brought out to
remove the illegal Flag Masts/Posts which have been installed in the
past; and that this will be done at the earliest, but not later than six
months from the date of receipt of a copy of this judgment.
19. Consequently, interim orders referred to in this
judgment supra, and the directions contained in the order dated
27.01.2022 are confirmed; and it is ordered that no new permanent
or temporary Flag Masts/Posts will be allowed to be erected by any
person/entity in any public space of the State, or in any "puramboke"
area; or in the road margins, without having obtained the requisite
and necessary permissions/clearances/concessions from the
competent Authorities/Officials under the various applicable
statutes, including the Land Conservancy Act, the Panchayat Raj
Act, the Municipal Corporations Act and such other.
20. I direct the 9th respondent - the Secretary, Local
Self Government Institutions to issue a circular to all Local Self
Government Institutions, as also to other entities who are
concerned, informing them of the afore directions and ordering that
they be complied with, implicitly. This shall be done within a period
of two weeks from the date of receipt of a copy of this judgment.
Though this Writ Petition will stand disposed of on the basis
of the afore directions, I order the 9th respondent to file an Action
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Taken Report, containing the steps pursued or completed, along
with the Circular in terms of the above directions, within a period of
one month from the date of receipt of the copy of this judgment. In
such event, the Registry will list the same before me for apposite
orders.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
MSA
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APPENDIX OF WP(C) 1671/2021
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE PROCEEDINGS OF REVENUE
DIVISIONAL OFFICER INLA NO.171/62 AS
REGARD 19 CENTS OF PROPERTY COMPRISED IN
OLD SURVEY NO.380/2-1 OF THONNALLOOR
VILLAGE.
EXHIBIT P2 TRUE COPY OF THE PROCEEDINGS OF REVENUE
DIVISIONAL OFFICERIN LA NO.80/62 AS
REGARD 1 ACRE 7 1/2 CENTS OF PROPERTY
COMPRISED IN OLD SURVEY NO.380/1-1 OF
THONNALLOOR VILLAGE.
EXHIBIT P3 TRUE COPY OF THE PROCEEDINGS OF REVENUE
DIVISIONAL OFFICER IN LA NO.182/62 AS
REGARD 55 CENTS OF PROPERTY COMPRISED IN
SURVEY NO.380/2-5 OF THONNALLOOR VILLAGE.
EXHIBIT P4 TRUE COPY OF THE COMPLAINT DATED
25.11.2020 BY THE SOCIETY BEFORE REVENUE
DIVISIONAL OFFICER.
EXHIBIT P5 PHOTOGRAPH OF ERECTION OF FLAG MAST IN
FRONT OF ROUND ABOUT OF LIGHT TOMB.
EXHIBIT P6 TRUE COPY OF THE REPRESENTATION DATED
3.12.2020 BY PETITIONER BEFORE THE
RESPONDENT.
EXHIBIT P6(A) TRUE COPY OF THE RECEIPT OF COMPLAINT
DATED 3.12.2020 BY PANDALAM POLICE
STATION.
EXHIBIT P7 TRUE COPY OF COMPLAINT DATED 30.1.2021
SUBMITTED BY PETITIONER BEFORE STATION
HOUSE OFFICE, PANDALAM.
EXHIBIT P7(a) TRUE COPY OF RECEIPT DATED 30.01.2021
ISSUED FOR EXHIBIT-P3 COMPLAINT.
