The Madurai Bench of the Madras High Court on Monday directed all political parties and community and religious organisations to remove within 12 weeks permanent flagpoles erected by them at public places across Tamil Nadu.

Justice G.K. Ilanthiraiyan directed that the flagpoles erected at public places and on land belonging to the National and State Highways, the municipal corporations, the municipalities, the local bodies, and other government departments be removed in 12 weeks. Otherwise, the authorities must remove these flagpoles by serving a two-week notice on those who had erected them, he said.

After removing the flagpoles, the authorities should recover the cost of removal from the respective political parties and organisations. The authorities shall not grant permission for erecting flagpoles permanently at public places. Political parties and other organisations could erect their permanent flagpoles on their own land after obtaining permission from the authorities. The State government should frame rules for erection of flagpoles on private land, the court said. The court said the authorities could permit the political parties to erect flagpoles temporarily, without causing damage to the land, during events on payment of a rent in advance, as may be prescribed in accordance with law. The authorities must ensure that after the period of permission/licence expires, the licensee restores the public place to its original position by cleaning and filling the holes. The cost of repairing the damage, if any, should be paid to the authorities.

All Collectors and heads of the departments should ensure that the authorities complied with the directives. The Chief Secretary shall also ensure compliance with the order, the court said in a common order passed on petitions for permission to erect political flagpoles.

The court said places such as street corners and pavements were meant for public use. Therefore, no one had any right to erect flagpoles there. That apart, there were several criminal cases registered for the erection of political flagpoles.

There were law and order problems during the celebration of a leader’s birthday and death anniversary and elections, when an entire road was blocked and members of the public were inconvenienced. There were 114 FIRs pending investigation at police stations across Tamil Nadu, the court said.

The court said the authorities granted permission for erecting flagpoles without power/jurisdiction. It led to problems. When no Act provides permission/licence for erecting flagpoles permanently at public places, the police and the Revenue Department had no power to issue no objection certificates. The erection of flagpoles, the court said, was nothing but encroachment. The removal of encroachment required urgent action by the authorities, it added.