Dismissed¶39

A.Vasu v. The Tahsildar

Madras HC16 Jun 2025WP(MD)/16078/2025

Case brief

AI extract

What is this about?

Flag pole removal; permanent flagpoles in public places Tamil Nadu; political parties and organisations directed to remove flagpoles; cost of removal recoverable; temporary flagpole permission on rent; W.P(MD)No.16078 of 2025; Na.Ka.No.A4/1306/2025 dated 04.04.2025; Tahsildar Karaikudi Taluk Sivagangai; Managiri Suganenthal Village; A.Vasu; Article 226 certiorarified mandamus; follows W.P.(MD)No.29217 of 2024 dated 27.01.2025 confirmed in W.A.(MD)No.485 of 2025 dated 06.03.2025; S.Srimathy J.; Madurai Bench Madras High Court.

What did the court decide?

The petitioner has not raised any valid grounds to deviate from the orders in W.P.(MD)No.29217 of 2024 (confirmed by the Division Bench in W.A.(MD)No.485 of 2025), and accordingly the impugned order is confirmed. ¶35

A.Vasu Vs The Tahsildar — Writ and Judicial Review | Madras HC (2025)

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W.P(MD)No.16078 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED :16.06.2025

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CORAM:

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THE HONOURABLE MRS.JUSTICE S.SRIMATHY

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W.P(MD)No.16078 of 2025 and

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W.M.P.(MD).Nos.12175 and 12176 of 2025

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A.Vasu ... Petitioner

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vs.

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The Tahsildar, Karaikudi Taluk, Sivagangai District. ...Respondent

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PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, to call for the records of the respondent in Na.Ka.No.A4/1306/2025, dated 04.04.2025 and to quash the same and to forbear the respondent not to remove the flag pole installed by the petitioner at Managiri - Suganenthal Village, Sivagangai District.

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For Petitioner : Mr.C.Prithviraj

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For Respondent : Mr.K.S.Selvaganesan Additional Government Pleader *****

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ORDER

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The present Writ Petition has been filed for the issuance of a Writ of

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Certiorarified Mandamus, to quash the proceedings of the respondent in Na.Ka.No.A4/1306/2025, dated 04.04.2025 and to forbear the respondent not to

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https://www.mhc.tn.gov.in/judis

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W.P(MD)No.16078 of 2025

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remove the flag pole installed by the petitioner at Managiri - Suganenthal Village,

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Sivagangai District.

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2.The issue of erecting flagpole is already decided by a Learned Single Judge in the order passed in W.P.(MD)No.29217 of 2024, dated 27.01.2025, wherein it is held as under:

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" (i) All the political parties and all organizations such as Community, Religion, Association etc., are directed to remove their flagpoles which are erected permanently in all over Tamil Nadu in the public places and land belongs to the National Highways, State Highways, Corporations, Municipalities, Local Bodies and other Departments, within a period of twelve weeks from today, failing which, the authorities concerned are directed to remove the flagpoles by issuing two weeks notice and in accordance with law. After removal of flagpoles, the authorities concerned are directed to recover the cost of removal of flagpoles from the respective political parties.

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(ii) All the authorities concerned shall not grant any permission to erect flagpoles permanently in the public places and land belongs to the National Highways, State Highways, Corporations, Municipalities, Local Bodies and other Departments by the political parties and other organizations such as Community, Religion or any Association in the public place and the land owned by the Department of National Highways, State Highways, Corporation, Municipality and Local Bodies.

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(iii) The political parties and other organizations are permitted to erect their permanent flagpoles in their own land that too after obtaining necessary permission from the authority concerned. In this regard, the

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https://www.mhc.tn.gov.in/judis

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W.P(MD)No.16078 of 2025

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State Government is directed to frame Rules for erection of flagpoles in the private land.

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(iv) The authorities concerned can permit the political parties to erect their flagpoles temporarily without causing any damage to the land during their meetings, election campaign, conferences, procession, dharna and functions etc., on payment of rent in advance, as may be prescribed, in accordance with law.

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(v) The authorities must ensure that after the period of permission/licence to erect temporary flagpole, the person who was granted permission/licence shall restore the public places to its original position by cleaning and filling up the holes, if any. If any damage caused, the cost to be paid to the concerned authorities.

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(vi) The Head of the Department of concerned authorities and all District Collectors must ensure that the concerned authorities shall comply with the above directions and monitor from time to time.

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(vii) The Registry is directed to circulate this order to all the District Collectors for strict compliance. The Chief Secretary shall ensure compliance of this order."

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The said order was confirmed by the Hon'ble Division Bench of this Court, vide judgment, dated 06.03.2025, in W.A.(MD)No.485 of 2025.

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3.Therefore, this Court is of the considered opinion that the petitioner has not raised any valid grounds to deviate from the orders referred supra. Hence,

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https://www.mhc.tn.gov.in/judis

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W.P(MD)No.16078 of 2025

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the impugned order is confirmed and the writ petition is dismissed. No costs.

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Consequently, connected miscellaneous petitions are closed.

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16.06.2025