S. MANIKUMAR, J.

(Prayer: The Writ Petition has been filed under Article 226 of the Constitution of India, praying in the nature of Writ of Mandamus, to direct the respondents to take action to remove the flagpoles erected in the public places permanently and further direct the respondents to put complete ban or erecting the flagpoles permanently or temporarily in the public places all over the state of Tamilnadu by considering the petitioner’s representation dated 07.05.2016.)

1. The petitioner has sought for a Mandamus directing the respondents to take action to remove the flagpoles erected in the public places permanently and further direct the respondents to put complete ban on erecting the flagpoles permanently or temporarily in the public places all over the state of Tamilnadu by considering the petitioner’s representation dated 07.05.2016.

2. At the outset, when the matter came up “for admission”, after considering the statutory provisions in various enactments namely, Tamil Nadu Highways Act, 2001 (Sections 26 and 30), Chennai City Municipal Corporation Act, 1919 (Sections 220 and 223), Tamil Nadu District Municipalities Act, 1920 (Sections 180, 182, 183 and 186), the Tamil Nadu Panchayats Act, 1994 (Section 220), Tamil Nadu Panchayats (Prohibition against obstruction in or over Public Roads, removal of encroachments, etc.,) Rules, 2000, a Hon’ble Division Bench of this Court (Hon’ble Mr.Justice M.Sathyanarayanan and Hon’ble Mr.Justice P.Rajamanickam), on 3.12.2018, ordered as hereunder:-

“The writ petition is filed as a Public Interest Litigation and it is a case of the petitioner that in the light of ensuing election to various Legislative Assembly Constituencies in the State of Tamil Nadu, the Election Commission had issued a copy of Conduct and Guidelines and one of which is removal of flagpole of all political parties, which came to be erected in the public places. It is also the case of the petitioner that erecting of flagpoles temporarily during conferences, public meetings by using powered drillers endanger underground telecom cables etc., and it is also causing hazard to road users, especially to pedestrians and despite the said illegalities taking place right in front of the eye of the statutory authorities concerned, no action has been taken and therefore, came forward to file this writ petition.

2. The petitioner/Party-in-Person would submit that on account of erection of flagpoles by taking a small trench by using powered drillers, underground optical cables get affected, which will lead to telecommunication hindrance. In the event of erecting poll, there is a likelihood that it may also fall on the road users and pedestrians and despite statutory authorities aware of the same, they deliberately turn a blind eye to the illegalities that takes place in front of the own eyes and therefore, prays for appropriate orders,

3. Per contra, Mr.Niranjan Rajagopal, learned counsel accepts notice on behalf of the 1st respondent and would submit that since as of now, no election is going to place place, he may come out with a response and prays for time and so also Mr.R.Udhayakumar, learned Additional Government Pleader, who accepts notice on behalf of respondents 2 to 8.

4. This Court has considered the submission made by the petitioner/Party-in-Person and also perused the relevant Statutes.

5. It is relevant to extract the following provisions:

The Tamil Nadu Highways Act, 2001 : Section 26 and 30

26. Prevention of unauthorised occupation of highway.-(1) No person shall occupy or encroach on any highway within the highway unauthorised occupation of boundaries. highway. (2) Notwithstanding anything contained in sub-section (1), the Highways authority may, with the concurrence of the Collector and with due regard to the safety aid convenience of traffic and subject to such conditions, and on payment of such rent or