Secretaries and Field Staff of Local Government Institution personally liable for illegal installation of political party’s flag mast: Kerala High Court

Devan Ramachandran J W.P.(C)Nos. 227518 257818 and 425718 Dated this the 19th day of January 2022 O R D E R Apparently as is also reported by the learned Amicus Curiae Sri.Hareesh Vasudevan merely because this Court has not issued orders for the last few months unauthorized Boards Banners Flags have now come to occupy the public spaces in the State even though the Road Safety Commissioner has issued an order dated 06 02 2020 banning the placing of the same on any public space including pedestrian paths pedestrian railings medians traffic Islands etc 2. However various persons and entities seem to have gained an impression that they can still violate this and that no action will fall upon them 3. Through the advent of various orders passed by this Court which are more than 20 or 25 in number W.P.(C)Nos. 227518 257817 and 425718 the stakeholders including the Secretaries of the Local Self Government Institutions have been sufficiently warned including that they will be personally responsible for the cost of the unauthorized installations. Pertinently every time this Court passed orders to remove them they were complied with but it would simply return because the resolve to ensure that it is finally rid of is lacking 4. Sri. Hareesh Vasudevan learned Amicus Curiae informs this Court that one reason why this menace has not been fully controlled is because advertising agencies are entrusted with the task of installing them who do so without even being aware of the laws involved particularly because some of their workmen are not from 5. Taking note of the afore submissions and since any installations can be made on the public places only under the specific sanction of the Secretary of the Local Self Government Institution involved this Court is now of W.P.(C)Nos. 227518 257817 and 425718 the firm view that certain additional directions will also have to be issued before this writ petition is disposed of 6. In the afore circumstances I make the following directions in addition to the ones which have already been a) The Secretaries of the Local Self Government Institutions shall immediately begin a drive to remove all the unauthorized Boards Banners Flags which are contrary to the directions of this Court and in violation of the order of the Road Safety Commissioner and return them to the perpetrators without dumping it in the public waste disposal systems within a period of thirty days from today. Necessary directions to the various Secretaries of the Local Self Government Institutions shall be issued by the Director of Panchayats and by the Director of Urban Affairs by way of Circulars Orders within a period of five days W.P.(C)Nos. 227518 257817 and 425718 b) Every unauthorized Board Banner Flag etc. remaining after the afore period as has been already declared by this Court shall be the personal responsibility of the Secretaries of the Local Self Government Institutions as also the Field Staff thereof which will invite necessary action as per law c) No Advertisement Agency Entity shall be entitled to fix any unauthorized Board Banner Flag or such other in violation of the orders of this Court or contrary to the order of the Road Safety Commissioner and for this purpose they shall make such installations only after they are provided the necessary sanction from the Secretary of the Local Self Government Institutions and in no other manner. Evey Board Banner Flag which shall be printed by the Advertisement Agencies Printing Presses shall contain their addresses and phone numbers displayed at its lower end so that W.P.(C)Nos. 227518 257817 and 425718 necessary action can be taken in the event of any violation found against them by the competent d) Any Boards Banners Flags hereinafter printed without the details of the Printing Press Advertising Agency as above will be deemed to be illegal inviting stringent action including under the Indian Penal Code and the Land Conservancy Act e) Any violation of the directions in (c) and (d above will also entail the cancellation to the licenses to the Printing Press Advertising Agencies subject to a proper enquiry being completed List this matter for further consideration on DEVAN RAMACHANDRAN JUDGE 

Summary: The issue placed before consideration of the bench of Kerala High Court consisting of Justice Devan Ramachandran was legality of unauthorized installation of flag masts of various political parties across the state in the matters between The Manam Sugar Mills Co-operative Ltd. v. Deputy Superintendent of Police W.P.(C)Nos. 22750 of 2018, 25784 of 2018 and 42574 of 2018 decided on 19.1.2022. The facts of this case are that this petition is by a property owner who approached the Court through counsel Adv.RT Pradeep, seeking police protection to remove flagpoles allegedly erected on his property by political parties. The Amicus Curiae (Sri. Hareesh Vasudevan) informed the court that only because this Court has not issued orders in the last few months, that unauthorized Boards/Banners/Flags are no longer allowed if they come to occupy the public spaces of the state.Although the Road Safety Commissioner has issued order dated 06/02/2020 prohibiting the same in any public space, including pedestrian paths, guardrails, medians, traffic islands, etc. However, various individuals and organizations seem to have the impression that they can still violate this and will not take any action against them.One reason why this threat is not fully contained is because ad agencies have been tasked with installing them, and these agencies do so without even realizing the relevant laws, especially since some of their employees are not from Kerala. The Kerala High Court held that the licenses of printing houses/advertising agencies that are found to have erected such flagpoles on behalf of political parties and others will be revoked. The Court decided that the larger question of such facilities elsewhere should also come to the attention of the authorities and gathered together several petitions on the same subject. As the government has allowed political parties to continue the practice of erecting flagpoles wherever they wish, without consequences, the government has ordered strict action against those who fail to remove these facilities in accordance with the law. The following guidelines have been issued by the Court: