Madras HC orders removal of flagpoles from public places within 12 weeks

CHENNAI: Noting that the erection of flagpoles with or without permission amounts to clear encroachment on public property, roads, and streets, which leads to traffic congestion and causes inconvenience to users of roads and other places, the Madras High Court directed all political parties in the State to remove them from public places within 12 weeks.

The Madurai bench of the High Court also instructed the government not to grant permission in future to erect poles.

Dismissing a batch of petitions moved by the functionaries of AIADMK and VCK seeking permission to erect their party flagpoles in Madurai, Justice GK Ilanthiraiyan directed all political parties and organisations, including those representing various communities, religions, and associations, to remove their flagpoles that have been erected permanently in public places across the State and land belonging to the National Highways, State Highways, Corporations, Municipalities, and other departments within 12 weeks.

If any outfit fails to remove flagpoles, the authorities concerned should remove the flagpoles, the judge said.

No authority should grant permission to erect flagpoles permanently in public places, held the judge, while allowing the outfits to erect permanent flagpoles in their own land after obtaining permission from the authority concerned.

The parties that received permission to erect flagpoles for a certain period of time should remove them after the stipulated period, and restore the public place to its original condition by cleaning the area and filling the holes, the court added.

Erection of flagpoles with or without permission amounts to clear encroachment on public property, roads, and streets, which leads to traffic congestion and causes inconvenience to users of roads, streets, and other places, wrote the judge.

During the hearing, the Head of State Police Force submitted that 114 cases were registered regarding erection of flagpoles in public places. Of them, 77 cases were registered for erecting flagpoles without necessary permission and 37 cases were registered against grave incidents involving prevention of discharge of duty by government servants, damage to public property, agitations, and stone pelting.

Public Prosecutor (PP) Hasan Mohammed Jinnah submitted that since there is no specific provision under any law to grant permission to erect political party flagpoles in public place, permissions were granted after the submission of no-objection certificate from the department concerned.