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IN THE HIGH COURT OF KERALA AT ERNAKULAM
DEVAN RAMACHANDRAN, J
The Mannam Sugar Mills Co-operative Ltd. – Appellant
Versus
Deputy Superintendent Of Police, – Respondent
JUDGMENT :
Though impelled as a private concern, the petitioner - which is a Society registered under the Kerala Co- operative Societies Act - in fact, projects a very compelling public cause, namely, that persons and entities are installing permanent Flag Masts in public places around the State, without obtaining even a semblance of permission from any Authority.
2. The petitioner approached this Court seeking directions to the Police Officers concerned to afford them adequate and effective protection, so as to remove illegal flag masts allegedly erected by certain political parties - namely respondents 4, 5 and 6, on the public road leading to their property.
3. This Court took cognizance of the matter as being one in public cause also, because it was conceded even by the official respondents that such illegal flag masts/posts are ubiquitous in our State.
4. Certain interim orders were then issued - with which I will deal presently - and, consequent to it, it is now reported by Sri.R.T Pradeep, learned counsel for the petitioner, that all offending Flag Posts/Masts have been removed pending this lis. He, however, raised a concern that unless this Court issues stringent general orders
The court affirmed that unauthorized flag masts in public spaces must be removed and that no new installations are permitted without proper legal authorization.
No legal provision allows the permanent erection of political party flagpoles in public places; unauthorized flagpoles must be removed.
The Court mandates local authorities to remove unauthorized installations to combat visual pollution and emphasizes personal accountability for non-compliance.
The Municipal Corporation must act promptly against unauthorized displays of flags, as stipulated by the Maharashtra Prevention of Defacement of Property Act, 1995.
Statutory provisions governing unauthorized constructions must be adhered to by municipal authorities when issuing orders or taking action against such constructions.
where on the admitted or indisputable facts only one conclusion is possible and under the law only one penalty is permissible, the court may not issue its writ to compel the observance of natural jus....
The court established that unauthorized constructions in eco-sensitive areas cannot be regularized post facto, and the right to seek regularization is not available to those who violate planning laws....
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