The court affirmed that unauthorized flag masts in public spaces must be removed and that no new installations are permitted without proper legal authorization.

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, respondents 4 to 6 or other may place such Posts/Masts again.

5. I felt justification in this apprehension and it is thus that this matter is still pending.

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 this Court, as early as on 20.12.2021, that the Government is taking the issue very seriously; and that they intend to ensure that no unauthorised and illegal Flag Masts are put up in future. This was recorded in the order of the said day, as follows:

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; 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 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 t