Will Initiate Suo Motu Contempt If Parties Continue To Erect Unauthorised Flagpoles In Public Places: Madras High Court

Justice GK Ilanthiraiyan remarked that, though the court had prohibited flagpoles at public places, it was still being erected in the middle of the road, and no action was being taken against the political parties. The judge also commented that he had personally seen party flags of the ruling party on the Anna flyover in Chennai and had even recorded a video of the same.

When the government advocate informed the court that no orders have been passed allowing the installation of flagpoles and that they were being set up without permission. He also assured the court that action would be taken against those responsible for erecting the flagpoles.

At this point, the judge commented that the court would initiate suo motu contempt proceedings if the parties kept on erecting flagpoles unauthorisedly.

The Additional Advocate General informed the court that reports had been sought from the District Collector, calling for details of action taken against unauthorised flagpoles and sought time to submit the same before the court. The court accepted the request and adjourned the case.

Court's Earlier Order

In January this year, the court had ordered all political parties, communal and other organizations in the State to remove permanent flagpoles erected by them on public places including national highways, lands belonging to the government, etc. The court had directed the concerned parties to remove all permanent flagpoles within 12 weeks, failing which the authorities concerned shall take appropriate action after issuing notice to the parties. The court added that the authorities could, in such a case, recover the cost of removal from the concerned parties.

While dismissing a case seeking permission to erect flagpoles, the court remarked that there was no law that permitted issuing licenses to install permanent flagpoles in public places. The court added that the police and the revenue authorities did not have jurisdiction to issue a No-Objection certificate allowing the erection of flag poles in public places.

This decision was also confirmed by a full bench of the Madras High Court comprising Justices SM Subramaniam, R Vijayakumar and S Sounthar.

When the case was taken up for reporting compliance, the Additional Advocate General informed that the Government Order and the Standard Operating procedures (SOP) were being strictly followed, and permission was being granted only to erect flagpoles adjacent to the roads.

The court, however, asked the respondents to produce the orders permitting the erection of flagpoles in a temporary manner.

Meanwhile, the Communist Party of India has approached the Supreme Court challenging the Madras High Court's direction.

Case Title: R Kathiravan v. The Divisional Engineer and Others

Case No: W.P.(MD)Nos.29035, 29217 & 30354 of 2024