Erection of permanent structures by political parties in public places is prohibited without adherence to statutory provisions.

ORDER

This Writ Petition has been filed by the petitioner challenging the order passed by the fifth respondent dated 03.01.2025 thereby rejecting the request made by the petitioner seeking permission to instal the flagpole of the political party nearby Gandhi Statue, Thiruppathur Bus Stand and also nearby Anna Statue, Madurai - Sivagangai Road Junction at Thiruppathur Town, Sivagangai District.

2.The petitioner belongs to one political party and he holds the post of the Executive President of his party of Thiruppathur Town Panchayat, Sivagangai District. His party intended to implant its flagpole at nearby Gandhi Statue, Thiruppathur Bus Stand and nearby Anna Statue, Madurai - Sivagangai Road Junction at Thiruppathur Town, Sivagangai District. Therefore the petitioner sought for permission to instal flagpole in the above said places. The fifth respondent rejected the request made by the petitioner on the ground that the subject land belongs to the Highways Department and there is no provision to grant any permission or licence to erect any party flagpole.

3.The learned counsel appearing for the petitioner would contend that all the political parties were granted permission to erect their respective flagpoles. However, the petitioner's political party alone targeted and denied permission to erect their flagpole. He also relied upon the order passed by this Court in W.P(MD)No.4310 of 2024, dated 23.02.2024, wherein it held as follows:

“5. We are a democracy and the authorities must have an uniform approach. Either they permit all the recognised political parties to install flag poles in the given site or they do not permit any of them. The authorities cannot be selective or discriminatory. The petitioner is permitted to approach the third respondent again tomorrow(24.02.2024) at 11.00 am. The third respondent will ascertain the views of the revenue authorities as well as the jurisdictional Block Development Officer and also the Panchayat president. If any decision is arrived at to remove the flag poles of all the political parties, the impugned order will hold good and the petitioner also will have to be denied permission. If the flag poles of other political parties are not proposed to be removed, then the petitioner has to be granted permission as sought for. Hoardings and flex boards shall not be permitted. The relief granted in the writ petition is only in respect of flag pole alone. This writ petition stands disposed of accordingly in the above lines. No costs.”

4.Admittedly, the places in which the petitioner intended to erect their party flagpole is belonged to the Highways Department and both places are public utility areas. It is relevant to extract the provision under Section 26 of the Tamil Nadu Highways Act, 2001 hereunder:

"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 other charges as may be prescribed, grant permission, of a temporary nature, to any person-

(a) to make any temporary use of any highway in front of any building owned or occupied by him or make a temporary structure overhanging the highway; or (b) to put up a temporary awning or tent, pandal or other similar erection or a temporary stall or scaffolding on any highway; or (c) to deposit or cause to be deposited building materials, goods for sale or other articles on any highway for a specified period; or (d) to make a