News Brief
Remove Permanent Flagpoles From Public Places: Supreme Court Backs Tamil Nadu Crackdown On ‘Encroaching’ Flagpoles
Supreme Court of India (File Photo)
The Supreme Court has upheld a Madras High Court directive ordering political parties and community organisations to remove permanent flagpoles from public places across Tamil Nadu, the Indian Express reported.
On 8 August, Justice J K Maheshwari, heading a two-judge bench with Justice Vijay Bishnoi, questioned, “How can you use government land for political benefits?” The bench dismissed a plea against the 27 January 2025, order of the High Court’s Madurai bench.
The High Court had ruled that “any public place such as corner of the street, pavement, junction of the road, junction, bus stop and other public use places are meant for the usage of general public. Therefore, no one has any right to erect any flagpoles by obstructing public users” and that such acts are “nothing but rank encroachment.”
It directed “all the political parties and all organisations such as Community, Religion, Association etc” to remove their flagpoles “erected permanently…in the public places and land belongs to the National Highways, State Highways, Corporations, Municipalities, Local Bodies and other Departments” within 12 weeks. Failing compliance, authorities must act after a two-week notice.
“After removal of flagpoles, the authorities concerned are directed to recover the cost of removal of flagpoles from the respective political parties,” the order stated.
The Court barred authorities from granting fresh permission for permanent flagpoles in public spaces but allowed them “in their own land…after obtaining necessary permission” and asked the state to frame rules for private land. Temporary flagpoles may be allowed for events if rent is paid and “the public places [are restored] to its original position.”
Background
The landmark Madras High Court order directing political parties, communal and other organizations to remove permanent flagpoles from public places, including government land and national highways, was originally issued in response to a plea filed by Kathiravan.
He had challenged an order of the Assistant Divisional Engineer, who rejected his request to install an AIADMK party flagpole in Palanganatham, Madurai city.
During the hearing, the single judge (Justice GK Ilanthiraiyan, Madurai Bench) expanded the scope: rather than deciding solely on the petitioner’s grievance, the Court ordered that all permanent flagpoles set up by political parties in public spaces statewide be removed within 12 weeks, with further instructions that authorities may recover removal costs from those responsible.
The use of flagpoles by politcal parties had become a flashpoint in the state a couple of years ago when a 45 foot pole for a BJP flag outside its then state president K Annamalai's home in Chennai was removed by authorities. Criticising the DMK government's action, Annamalai had then stated that his party would hoist 10000 BJP flags across the state.
