No legal provision allows the permanent erection of political party flagpoles in public places; unauthorized flagpoles must be removed.

ORDER :

G.K.ILANTHIRAIYAN, J.

W.P(MD)No.29035 of 2024 has been filed by the petitioner challenging the order passed by the second respondent dated 29.11.2024 thereby rejecting the request made by the petitioner to erect their party flagpole at Ward No.74, Bus-Stop, Opposite to Jeyam Theatre, Bye-pass Road, Palanganatham, Madurai.

2. W.P(MD)No.29217 of 2024 has been filed by the petitioner for a direction directing the respondents to grant permission to erect their party flagpole at opposite to MGR Mandram at Kamatchi Nagar, Vilankudi, Ward No.20, Madurai City.

3. W.P(MD)No.30354 of 2024 has been filed by the petitioner for a direction directing the respondents to grant permission for reinstalling their party flagpole at Athipatti Village, Peraiyur Taluk, Madurai District.

4. In all the Writ Petitions, the issue is common and as such, this Court dispose of all the Writ Petitions by common order.

5. The petitioner in W.P(MD)No.29035 of 2024 submitted a representation before the respondents seeking permission to erect their party flagpole at Ward No.74, Bus-Stop, Opposite to Jeyam Theatre, Bye-pass Road, Palanganatham, Madurai and the same was rejected by the second respondent dated 29.11.2024, on the ground that there would be possible for accident.

6. W.P(MD)Nos.29217 and 30354 of 2024 have been filed by the petitioner for a direction directing the respondents to grant permission to erect their party flagpole in their respective mentioned places.

7. This Court raised the following questions to the respondents:

(i) Whether any law provides granting permission to erect the political parties or Communities or Religions or Organizations flagpole permanently in the land owned by the National Highways, State Highways, Corporations, Municipalities and Local Bodies.

(ii) What basis on which the Police authorities and the Revenue authorities are granting No Objection Certificate for erecting the political parties, Communities, Religions and organizations' flagpoles permanently in the public land owned by various authorities.

(iii) How many cases have been registered with regard to disputes between the political parties while erecting their respective flagpole, while celebrating public functions near their respective party flagpole and hindrance to public and transport or any untoward incident which had happened due to the erection of respective parties flagpole.

8. The Director General of Police/Head of Police Force, Tamil Nadu filed a status report stating that so far 114 cases were registered in connection with the issue raised by this Court arising out of the erection of flagpoles of political parties. Out of 114 cases, 77 cases were registered for erecting flagpoles without getting necessary permission from the authorities and 37 cases were registered against grave incidents involving prevention of discharge of duty by Government servants, damage to public property, road roko/agitations, stone pelting hurt/grievous hurt/attempt to murder and Prevention of Atrocities Act. Further revealed from the status report that already the Hon'ble Division Bench of this Court issued directions in W.P.No.17768 of 2016, dated 02.04.2019 [A.Radhakrishnan Vs. Chief Electoral Officer, Secretary to Government and others] to remove and regulate the erection of flagpoles of political parties in public places and roads. The directions issued by the Hon'ble Division Bench of this Court in W.P.No.17768 of 2016, dated 02.04.2019 are as follows:

19. Erection of poles without permission is an encroachment, as per provisions of the statutes extracted supra. Such encroachments noticed already have been moved. Therefore, it is for the authorities under the above- said statutes to ensure that there is no fresh encroachment after the declarations of elections. There shall not be any flagpoles with or without construction, on any streets, roads, state or national highways, as the case may be, without permission of the authorities under the above-said Acts.

20. Judicial notice be