
MADURAI: In a significant order delivered on Monday, the Madurai Bench of Madras High Court directed all political parties, communal and other organisations to remove the permanent flagpoles erected by them in public places and government lands across Tamil Nadu within three months.
Failing this, the jurisdictional authorities should remove the flagpoles and recover the cost incurred for it from the parties or organisations concerned. No authority should grant permission to any political parties or organisation to erect permanent flagpoles in public places in the state, the court added.
The order was passed by Justice GK Ilanthiraiyan while dismissing a batch of petitions filed by three persons seeking permission to install flagpoles in public places.
The judge observed that erection of flagpoles with or without permission amounts to encroachment of public places, roads, streets etc and causes traffic congestion and inconvenience to the public. Moreover, there is no provision to issue license to install flagpoles permanently, the judge pointed out. The revenue authorities and police have no power or jurisdiction to give no objection certificates to erect permanent flagpoles, he added.
He therefore directed all the political parties and communal, religious and other organisations and associations, etc to remove the permanent flagpoles which were erected by them in public places and lands belonging to state and national highways, corporation, municipalities, local bodies and other departments across the state, within three months from today. Failing this, the authorities concerned should remove the flagpoles by issuing notice to the flagpole owners and recover the cost of removal from them, the judge added.
He further ordered that the authorities should not grant permission to any organization or political parties to erect flagpoles permanently in public places and government lands across the state. The political parties and organisations are permitted to erect permanent flagpoles in their private lands after obtaining permission, the judge however said, but added that the government should frame guidelines for erection of flagpoles in private lands.
Justice Ilanthiraiyan further told the government that it could permit political parties to erect their flagpoles temporarily in public places without causing any damage, during occasions such as meeting, procession, dharna, campaigns, conference, functions, etc by collecting a prescribed rent in advance, in accordance with law. After the expiry of the period of such permission or license, the authorities should ensure that the temporary flagpoles are removed and the public place concerned is restored to its original position and in case of any damage to the spot, the cost should be paid to the concerned department, the judge added. He further directed the chief secretary to ensure strict compliance of the aforesaid directions.