The Madurai Bench of the Madras High Court has directed all political parties in Tamil Nadu to remove their flagpoles erected in public spaces within 12 weeks, terming them as clear encroachments that disrupt traffic and inconvenience the public.Justice G.K. Ilanthiraiyan dismissed petitions filed by AIADMK and VCK functionaries seeking permission to erect flagpoles in Madurai. The court ruled that flagpoles, whether erected with or without permission, constitute an encroachment on public property, roads, and streets, leading to congestion and public inconvenience.
Removal of Existing Flagpoles:
All political parties, organizations, and associations, including those representing communities and religions, must remove flagpoles permanently installed on public property, including land owned by National Highways, State Highways, municipalities, and other departments.
No Future Permissions:
The government and authorities have been instructed not to grant permission for erecting flagpoles permanently in public places.
Temporary Flagpoles:
If permission is granted for temporary flagpoles, they must be removed after the stipulated period, and the site must be restored to its original condition by cleaning the area and filling any holes.
Private Land Use:
Permanent flagpoles can be installed only on private land, subject to obtaining permission from the relevant authority.
Legal Submissions and Observations
The Head of the State Police Force reported that 114 cases had been registered for erecting flagpoles in public spaces, including 77 cases for installations without necessary permissions and 37 cases involving incidents such as damage to public property and obstruction of government duties.
Public Prosecutor Hasan Mohammed Jinnah stated that there is no specific law allowing political party flagpoles on public property, and permissions were granted only upon submission of no-objection certificates from relevant departments.
The court underscored the need to prevent encroachments and ensure that public spaces remain accessible and safe for all users. Authorities have been directed to enforce compliance and remove flagpoles