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In a development in the Kerala illegal flag mast case, Justice Ramachandran of the Kerala High Court today directed the government to invoke provisions of Land Conservancy Act against all illegally erected flag poles - which number 42,337 - in Kerala.

The High Court vide its order on November 15 had given 10 days time to those who have put up flag poles in the state to remove the same on their own before any action of the government.

Advocate representing the state, Sri. S. Kannan, submitted that, according to the last order of the Court, publicity was given so as to enable the persons to remove illegally erected posts and flag masts from public spaces; and that the competent authorities have now ensured that no new ones come up.

To this the Court observed that, “Every unauthorized post and flag mast, presently installed in the state, will have to be, prima facie, made subject to the provisions of the Kerala Land Conservancy Act, 1957, and the penalties and prosecutions as ordered therein will have to be invoked and perused against the perpetrators.”

Further, since the time frame of ten days has expired, the Court noted that, “It has to be presumed that the persons who still maintain these flag masts or posts on public places are aware of the consequences, but have still chosen not to remove it, thus being ready to face the consequences to the full effect in law.”

It said, "It is high time we understand we are governed by the rule of law. The Court gave everyone an opportunity to remove the flag masts on their own."

"If no one intends to remove them, they will have to be removed as per the Land Conservancy Act and penalties, as provided under it, should be imposed," Justice Ramachandran said.

The Court while granting a week’s time to the Additional Advocate General to present his case, ordered the previous orders to stay in force and said that for every illegal flag mast not removed the competent authorities, including the Secretary of the local self government institutions and the revenue authorities, will have to face consequences.

The matter is listed on December 2.

Cause Title: Mannam Sugar Mills Cooperative Ltd vs Deputy Superintendant of Police