Madras High Court dismisses case to remove all unauthorised flag poles

Madras HC dismisses PIL seeking removal of unauthorised flag poles in TN; notes similar direction issued in 2019. Bench of CJ & Justice D. Bharatha Chakravarthy refused to entertain PIL, as prior permission required for erection of flag poles. 2019 order by Justice S. Manikumar & Subramonium Prasad for removal of unauthorised flag poles from city roads, State highways & national highways.

The Madras High Court on Thursday dismissed a public interest litigation petition which sought a direction to the T.N. Home Secretary and Director-General of Police to remove all unauthorised flag poles across the State, with an observation that a similar direction had already been issued by the court in 2019 itself.

The First Division Bench of Chief Justice Sanjay V. Gangapurwala and Justice D. Bharatha Chakravarthy refused to entertain the new PIL petition filed by B.R. Arvindakshan after wondering what purpose would it serve for the court to keep issuing the same direction to officials in multiple cases seeking similar relief.

A Division Bench of Justice S. Manikumar (who later was elevated as Chief Justice of Kerala High Court and retired from service) and Subramonium Prasad (now a judge at the Delhi High Court) had, in 2019, ordered the removal of all unauthorised flag poles from city roads, State highways as well as national highways.

Then, the judges had taken note that the laws applicable to municipal corporations, municipalities, town panchayats and village panchayats require prior permission for erection of flag poles.