In a decisive ruling aimed at protecting public property from political misuse, the Supreme Court of India has affirmed a Madras High Court order mandating the removal of all permanent political flagpoles erected on public spaces, including national highways and government-owned land.

 

A bench of Justices JK Maheshwari and Vijay Bishnoi dismissed the Special Leave Petition (SLP(C) No. 20885/2025) filed against the High Court’s directive. While rejecting the plea, Justice Maheshwari posed a crucial question: “How can government land be used for political benefits?” He further stressed that the High Court’s jurisdiction under Article 226 of the Constitution is sufficiently wide to issue such public-interest directions.

 

The ruling stems from a plea filed by Kathiravan, who challenged an order from the Assistant Divisional Engineer denying permission to install an AIADMK flagpole in Palanganatham, Madurai. Justice GK Ilanthiraiyan of the Madurai Bench expanded the scope of the matter to address the larger issue of unauthorized flagpoles in public spaces.

 

The Court’s order applied across Tamil Nadu, directing:

• Removal of flagpoles from public places

• Clearing of such structures from national highways and government lands

• Completion of removal within 12 weeks

 

 

The Madras High Court warned that non-compliance would authorize local authorities to:

• Take down the flagpoles after serving notice

• Recover the cost of removal from the concerned parties

 

• No Legal Sanction: There is no existing law permitting permanent flagpoles on public property.

• No Approval Powers: Police and revenue officers have no jurisdiction to grant permissions or NOCs for such installations.

• Public Safety Impact: Such flagpoles can inconvenience commuters and disrupt traffic flow.

 

 

The Court clarified that installing flagpoles on private patta land is permissible during political events, dharnas, or rallies, provided that:

1. They comply with applicable rules.

2. They are removed immediately after the event.

3. The site is restored to its original state.

 

The State Government has also been directed to frame comprehensive guidelines for flagpole installation on private land to prevent misuse.

 

The Supreme Court’s refusal to interfere cements the High Court’s directive, compelling political organizations across Tamil Nadu to clear public land of unauthorized structures. Justice Maheshwari’s remarks underline the principle that public property must serve public welfare, not political agendas.