KOCHI: With the ten days given by it for voluntary removing of unlawful flag masts erected throughout the state coming to an finish, the Kerala Excessive Courtroom on Thursday directed the federal government to invoke provisions of Land Conservancy Act towards all flag poles — which quantity 42,337 — in Kerala.
The excessive courtroom on November 15 had given 10 days time to those that have put up flag poles within the state to take away the identical on their very own earlier than any motion is initiated by the federal government or its authorities.
On Thursday, the state authorities informed Justice Devan Ramachandran that it had given vast publicity to the courtroom’s November 15 order and the authorities have ensured that no new flag masts had been erected since then.
The courtroom stated that if the stand of the federal government — represented by senior authorities pleader S Kannan — was correct, then all of the flag masts within the state will prima facie need to be made topic to the Land Conservancy Act and consequent prosecution and imposition of penalties supplied beneath it need to be invoked and pursued.
It stated that since the timeframe given by it’s over, it must be assumed and presumed that persons are conscious concerning the legislation and the results for the violation of the identical.
The courtroom additionally stated that if any new flag masts are erected illegally and never eliminated by the competent authorities, the latter must face the results mandated beneath the legislation.
“It’s excessive time we perceive we’re ruled by the rule of legislation. The courtroom gave everybody one alternative to take away the flag masts on their very own.
“If nobody intends to take away them, they must be eliminated as per the Land Conservancy Act and penalties, as supplied beneath it, ought to be imposed,” Justice Ramachandran stated.
Let these individuals present they erected it with correct permissions, the courtroom added.
On November 15, the courtroom was alarmed and amazed by the “mind-boggling” determine of 42,337 flag poles present throughout the state and had informed the Left authorities to take motion beneath each relevant legislation towards the perpetrators, no matter political affiliations.
“No extra unlawful flag poles,” the excessive courtroom had added.
It had on November 1 handed an interim order directing that no unlawful flag poles or masts be put up within the state whereas the problem was being examined by it.
“Lawlessness” is how the excessive courtroom earlier termed the set up of unlawful flag masts throughout the state by political events, their associates and commerce unions.
The courtroom was listening to a plea by a cooperative society alleging {that a} explicit political occasion was illegally placing up flags and banners on its land.
