Madras High Court Dismisses Plea Seeking Steps To Remove "Future" Unauthorised Flag Poles By Political Parties

The bench of Chief Justice SV Gangapurwala and Justice D Bharatha Chakravarthy noted that the petitioner, BR Aravindakshan had not given any details of alleged unauthorized erection of flag poles and had filed the plea only to ensure that flag poles are not erected in the future. The court thus observed that it could not entertain any petitions anticipating future contingencies.

The court also noted that the court had already passed orders with respect to erection of hoardings and flag-poles in 2019. The court added that if people continued to erect hoardings despite orders of the court, the same would be a contempt of court for which a contempt proceeding would be a better remedy.

The plea was filed seeking direction to the Home Secretary and the Director General of Police to remove all unauthorised flag-poles. Aravindakshan, in his plea had also contended that all political parties were bound to respect the law of the land and carry out their political campaigns within the limits of law.

Citing recent removal of flag poles outside the residence of BJP State President Annamalai and his subsequent call to erect 10000 flag poles across the state, Aravindakshan submitted that there could be large-scale havoc and destruction of public properties if the same was permitted.

Counsel for the Petitioner: Mr.V.Vargees Amal Raja

Counsel for the Respondents: Mr.P.Muthukumar State Government Pleader, Mr.R.Muniyapparaj Addl. Public Prosecutor assisted by Mr.M.Sylvester John

Citation: 2023 LiveLaw (Mad) 337

Case Title: BR Aravindakshan v The Chief Secretary and Others

Case No: WP NO. 31548 of 2023