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Kerala HC disapproves Flagpoles on Public Land without Permission

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Kerala_High_Court Law Insider

Kerala_High_Court Law Insider

Swarna Shukla

Published On: October 13, 2021 at 09:20 IST

The Kerala High Court disapproved of the practice of flagpoles or masts being put up on public land across the State by Political Parties.

The Court asked the State Government and the Police how the same, which was a violation of Land Conservancy Laws, was permitted.

Justice Devan Ramachandran stated that “Flagpoles of all hue and colour were being put up without permission at junctions, on public roads, auto stands, etc. by Political Parties and if anyone touches or removes it, a major fight breaks over the same and situation escalates to communal harmony disruption.”

The Court was hearing a Plea filed by a Cooperative Society claiming that a particular Political Party was illegally putting up banners and flags on its land and when the Court notice was issued to the Party’s local leadership, some of its members damaged some area of the Society’ land.

The Society urged the Court to provide Police protection for restoration of the damaged place into its original condition. However, the Court refused to pass any such Order.

The Court addressed the problems related to flagpoles and masts in violation of the Land Conservancy Act.

The Court also stated that responses to the illegal flagpole issue should not be limited to the current case and should consider the situation in other States as well. 

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