MADURAI: The Madurai Bench of the Madras High Court on Monday ordered the removal of all flagpoles installed by political parties and other organisations in public places and on government land across the state within three months. The court observed that there is no legal provision to permit the permanent installation of flagpoles in public places. Authorities, however, may allow temporary installation by collecting rent, the HC said.
If not cleared by three months, jurisdictional authorities should remove the flagpoles and recover the cost incurred from the parties or organisations concerned, ruled Justice GK Ilanthirayan while dismissing three petitions filed by AIADMK and VCK functionaries seeking permission to instal flagpoles in public places in Madurai district. In the case of private land, flagpoles may be installed after obtaining permission from authorities concerned for which the state should frame necessary guidelines, the judge said.
Installation of flagpoles with or without permission amounts to encroachment of public places, roads, streets etc, which lead to traffic congestion and inconvenience to the public, the judge said. “No one has any right to erect any flagpole by obstructing public users,” he said. Besides, he noted that 114 FIRs are pending across the state over disputes in flagpole-related incidents.
There are several criminal cases registered due to disputes over flagpole-related incidents, including selecting the spot and height of the flag mast, the judge said. With regard to temporary installation of flagpoles, the judge told the state could permit political parties to temporarily install flagpoles in public places, without causing any damage, for meetings, processions, and events by collecting a prescribed rent in advance, in accordance with the law.
After the expiry of the period of such permission or licence, the authorities should ensure that the temporary structures are removed and the public place is restored. In case of any damage, the cost should be paid to the department concerned, the judge said. He directed the chief secretary and all district collectors to ensure strict compliance with the directions.