In a significant ruling, the Kerala High Court has mandated that no new flag masts or poles, whether temporary or permanent, shall be erected in public spaces, 'puramboke' areas, or road margins within the state without obtaining the necessary permissions from competent authorities. This directive aims to curb the widespread unauthorized installation of flag masts by various entities, including political parties and trade unions.
The case originated in 2021 when a registered society in Pandalam, Pathanamthitta district, filed a writ petition seeking police protection to remove flag masts illegally erected by certain political parties on the public road leading to their property. The petitioners contended that these installations not only encroached upon public land but also posed safety hazards and disrupted public order.
Justice Devan Ramachandran, presiding over the matter, expressed concern over the government's inaction in addressing the issue. Despite assurances from the Additional Advocate General in August 2024 that no new permanent flag posts would be allowed without proper authorization and that a policy would be formulated to remove existing illegal installations, the court observed a lack of concrete measures taken by the authorities.
The court highlighted the pervasive culture of unauthorized flag mast installations across Kerala, noting that such practices have become deeply ingrained, especially among influential political parties and associations. Justice Ramachandran emphasized that this trend leads to a breakdown of law and order, as these entities often assume control over the land surrounding their installations, further exacerbating the issue.
In its directive, the court ordered the Secretary of the Local Self Government Institutions to issue a circular to all relevant bodies, informing them of the prohibition against erecting flag masts without proper authorization. The court underscored that any installation on public land requires prior permission from the appropriate authorities, as stipulated under various statutes, including the Land Conservancy Act, the Panchayat Raj Act, and the Municipal Corporations Act.
Furthermore, the court instructed the state government to conduct a comprehensive audit and survey of all illegally erected flag masts throughout Kerala. This initiative aims to identify unauthorized installations and ensure their removal, thereby restoring public spaces to their intended use and upholding the rule of law.
The ruling serves as a stern reminder that no individual or organization, regardless of their influence or affiliation, is above the law. By enforcing these regulations, the Kerala High Court seeks to maintain public order, protect communal harmony, and ensure that public spaces are utilized appropriately and lawfully.
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