High Court · 2025

W.P(MD)No.1170 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURTDATED: 20.01.2025CORAMTHE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYANW.P(MD)No.1170 of 2025Chellamanickam... PetitionerVs1.The District Collector, Sivagangai District, Sivagangai.2.The Revenue Divisional Officer, Sivagangai, Sivagangai District.3.The Tahsildar, Taluk Office, Thiruppathur, Sivagangai District.4.The Executive Officer, Special Grade Town Panchayat, Thiruppathur, Sivagangai District.5.The Assistant Divisional Engineer, Highways Department, (Construction & Maintenance), Thiruppathur, Sivagangai District.6.The Inspector of Police, Thiruppathur Town Police Station, Sivagangai District.... RespondentsPRAYER: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Certiorarified Mandamus to call for the 1/11 https://www.mhc.tn.gov.in/judis W.P(MD)No.1170 of 2025records pertaining to the impugned order in Ku.No.816/ENiVaThoA dated 03.01.2025 passed by the fifth respondent and quash the same and consequently to direct the respondents to grant permission to install the Flag Pole of the Political Party namely Thamizhaga Vetri Kazhagam, nearby Gandhi Statue, Thiruppathur Bus Stand and nearby Anna Statue, Madurai - Sivagangai Road Junction at Thiruppathur Town, Sivagangai District by considering the petitioner's representation dated 10.12.2024.For Petitioner: Mr.C.RameshFor RR 1 to 3 & 5: Mr.D.Gandhi Raj Special Government PleaderFor R – 4: Mr.A.Kannan Additional Government PleaderFor R – 6: M/s.M.Aasha Government Advocate (Criminal Side) ORDERThis 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.2/11 https://www.mhc.tn.gov.in/judis W.P(MD)No.1170 of 20252.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:3/11 https://www.mhc.tn.gov.in/judis W.P(MD)No.1170 of 2025“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.4/11 https://www.mhc.tn.gov.in/judis W.P(MD)No.1170 of 2025(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 temporary excavation on any highway for carrying out any repairs or improvements to building on lands adjoining such highway: Provided that no such permission shall be deemed to be valid beyond a period of one year, unless it is expressly renewed by the Highways authority. (3) permission granted under sub-section (2) shall clearly specify the date upto which and the purpose for which the occupation of the highway is authorised and the exact portion of the highway so permitted to be occupied, and shall also be accompanied by a plan or sketch of that portion of the highway. A copy of such permission shall be communicated to the Collector for the 5/11 https://www.mhc.tn.gov.in/judis W.P(MD)No.1170 of 2025purpose of record. (4) The person in whose favour such permission has been given shall produce the permit for inspection whenever called upon to do so by the Highways authority, or any officer authorised by it in that behalf and shall, at the end of the period specified in the permit, vacate the portion of the highway occupied by him, after restoring it to the same state as it originally stood before the occupation by him. (5) The Highways authority shall maintain a complete record of all such permissions granted, and shall also cause an inspection to be made in every case at the expiration of the period upto which such occupation has been permitted, to ensure that the portion of the highway has actually been vacated. (6) The permission granted under sub-section (2) shall be in such form and subject to such conditions as may be prescribed.”5.That apart, any other provisions such as the Tamil Nadu Highways Act, 2001, the Control of National Highways (Land and Traffic) Act, 2002, the Chennai City Municipal Corporation Act, 1919, the Tamil Nadu District Municipalities Act, 1920, the Tamil Nadu Panchayats Act, 1994, the Tamil Nadu Panchayats (Prohibition against obstruction in or over Public Roads, removal of encroachments, etc.,) Rules, 2000 and the Tamil Nadu Highways Rules, 2003 do not provide any provision of law to grant any permission/licence by the authorities concerned to erect permanent flag pole. Section 26(2) of the Highways Act, 2001 says that the 6/11 https://www.mhc.tn.gov.in/judis W.P(MD)No.1170 of 2025authorities concerned can grant permission/licence for temporary erection of structures that too on payment of rent. However the petitioner sought for permission to erect a permanent flagpole that too in the land belonged to the State Highways. Therefore, the above Judgment cited by the petitioner is not helpful to the case on hand. That apart, this Court pointed out that if any decision is arrived at to remove the flagpoles of other political parties, rejecting the request for permission to erect the flag pole can be sustained. If the flagpoles of other political parties are not proposed to be erected, then the petitioner has to be granted permission as sought for. Therefore, when the law does not permit to grant any permission/licence to erect any flagpole permanently, the request made by the petitioner cannot be considered and the fifth respondent rightly rejected the request made by the petitioner.6.It is relevant to rely upon the order of the Hon'ble Supreme Court of India in I.A.No.10 of 2012 in SLP(Civil)No.8519 of 2006 dated 18.01.2013 [Union of India Vs. State of Gujarat and others] in which, the Hon'ble Supreme Court of India dealt with the issue of installation of statue in Kannyakumari National Highway near bus stand of Neyyantinkkara-Poovar Road, 7/11 https://www.mhc.tn.gov.in/judis W.P(MD)No.1170 of 2025Neyyatinkkara, Kerala and issued direction that the State Government shall not grant any permission for installation of any statue or construction of any structure in public roads, pavements, sideways and other public utility places. This direction shall apply to all States and Union Territories. The concerned Chief Secretary/Administrator shall ensure compliance of the above order.7.Thus, it is clear that the authorities concerned should not permit the erection of poles permanently without adherence to the provisions of the statute. Hence, the erection of flagpoles with permission or without permission amounts to clear encroachment on public property, roads, streets etc. It leads to congestion of traffic and inconvenience to the users of roads, streets and other places vested with the authorities. Further, there is law and order problem, while celebrating birthday, death anniversary of eminent leaders by hoisting flag by political parties and also blocking the entire road traffic and causing inconvenience to general public. There is competition between the political parties and other organizations in respect of their flagpost height. They want to erect their respective flagpole higher than the other poles. In this regard, 114 F.I.Rs are pending for investigation on the file of various police stations in all 8/11 https://www.mhc.tn.gov.in/judis W.P(MD)No.1170 of 2025over Tamil Nadu. That apart, after erecting flagpole, there is no proper maintenance by the respective political parties. If it fell down due to non-maintenance and natural calamities such as heavy rain and wind, it causes risks to human life and other damages. Therefore, they should not be permitted to erect their flagpole permanently in the public places.8.Therefore, any structure in public places cannot be permitted to be erected by any political parties or other organizations. Hence, the fifth respondent rightly rejected the request made by the petitioner seeking permission to instal flagpole of political parties namely Thamizhaga Vetri Kazhagam, nearby Gandhi Statue, Thiruppathur Bus Stand and nearby Anna Statue, Madurai - Sivagangai Road Junction at Thiruppathur Town, Sivagangai District and this Court finds no infirmity or illegality in the order passed by the fifth respondent, dated 03.01.2025. Accordingly, this Writ Petition is dismissed. There shall be no order as to costs.20.01.2025NCC: Yes / NoIndex: Yes / NoInternet: Yesps9/11 https://www.mhc.tn.gov.in/judis W.P(MD)No.1170 of 2025To1.The District Collector, Sivagangai District, Sivagangai.2.The Revenue Divisional Officer, Sivagangai, Sivagangai District.3.The Tahsildar, Taluk Office, Thiruppathur, Sivagangai District.4.The Executive Officer, Special Grade Town Panchayat, Thiruppathur, Sivagangai District.5.The Assistant Divisional Engineer, Highways Department, (Construction & Maintenance), Thiruppathur, Sivagangai District.6.The Inspector of Police, Thiruppathur Town Police Station, Sivagangai District.10/11 https://www.mhc.tn.gov.in/judis W.P(MD)No.1170 of 2025G.K.ILANTHIRAIYAN, J.psOrder made inW.P(MD)No.1170 of 202520.01.202511/11