Kochi, Feb 27: The Kerala High Court has ruled that no new flagpoles—whether temporary or permanent—can be erected in public spaces without prior approval from competent authorities. This directive follows the state's failure to implement a policy to remove previously installed illegal flagpoles, despite assurances given as early as 2022.
Justice Devan Ramachandran, while issuing the order, criticized the state government for its delay in formulating a policy, attributing it to the involvement of entities such as political parties and trade unions in setting up these unauthorized flagpoles. He emphasized that the government had repeatedly assured the court that no illegal flag masts would be permitted in the future.
The court categorically stated that no new flagpoles could be erected in public spaces or road margins without proper permissions under applicable laws, including the Land Conservancy Act, Panchayat Raj Act, and the Municipal Corporations Act. Additionally, it recorded an assurance from the Additional Advocate General that a policy to remove existing illegal flagpoles was underway and would be implemented within six months.
The court further directed the Secretary of the Local Self Government Department to issue a circular within two weeks, informing all local bodies of the order and ensuring compliance. Additionally, an Action Taken Report detailing the steps undertaken was mandated to be submitted within a month.
This ruling came in response to a plea by Mannam Sugar Mill, which sought police protection to remove flagpoles erected by political parties near the entrance of Mannam Ayurveda Co-operative Medical College in Pathanamthitta’s Pandalam area.