Muthuselvam S v. The Divisional Engineer,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.04.2025
CORAM
THE HONOURABLE MR.JUSTICE V. LAKSHMINARAYANAN W.P.(MD) No.12631 of 2025 S.Muthuselvam ... Petitioner vs.
The Divisional Engineer, Highways Department, Construction and Maintenance, Tiruchirapalli.
... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondent to consider representation dated 21.04.2025 and and consequentially to grant 3 months time to remove the 116 Feet DMK Flag pole erected in Edamalaipatti Pudur, Thiruchirapalli.
For Petitioner :Mr.Aswin Bala Someshwaran for Mr.K.R.Kishore Ram For Respondent :Mr.G.Suryananth Additional Government Pleader
ORDER
The petitioner seeks for the following relief:- "Writ of Mandamus, directing the respondent to consider representation dated 21.04.2025 and and consequentially to 1/5
grant 3 months time to remove the 116 Feet DMK Flag pole erected in Edamalaipatti Pudur, Thiruchirapalli." 2.The petitioner claims to be a member of a political party. He also holds the post of the Secretary of the 57th Ward, Edamalaipatti Pudur, Tiruchirappalli. In the year 2010, he put up a flagpole of his political party to the height of about 116 feet. This flagpole exists on the Madurai-Trichy National Highways.
3.Taking note of the fact that several political parties are putting up flagpoles all over the State on the National Highways, the Honourable Mr.Justice G.K.ILANTHIRAIYAN passed a common order in R.Kathiravan and others Vs. The Divisional Engineer, Highways Department, Madurai and others, W.P.(MD) Nos.29035, 29217 and 30354 of 2024, directing removal of flagpoles. This order was passed on 27.01.2025.
4.In obedience to the order passed by this Court, notice was issued to the petitioner on 09.04.2025 to remove the said flagpole. The petitioner gave a representation on 21.04.2025 seeking three months time to remove the flagpole. However, there is no response. Hence, this 2/5
writ petition for the aforesaid reliefs.
5.I heard Mr.Aswin Balasomeshwaran representing Mr.K.R.Kishore Ram for the petitioner and Mr.G.Suryananth for the respondent.
6.Mr.Aswin Balasomeshwaran states that the size of the flagpole prevents him from immediately dismantling the same. He states that if sufficient time is granted, he would dismantle the flagpole and report to this Court.
7.On a query from this Court as to how much time he wants, he states that four weeks time may be granted.
8.The statement of Mr.Aswin Balasomeshwaran is recorded as an undertaking given by the petitioner to this Court. 9.Accordingly, the petitioner is granted four weeks time to remove the flagpole situated near the Bus stop of Edamalaipatti Pudur, Tiruchirappalli District.
3/5
10.In fine, the Writ Petition is ordered. No costs. Call on 09.06.2025 'for reporting compliance'. Index :Yes / No 29.04.2025 Internet :Yes / No NCC :Yes / No mm To The Divisional Engineer, Highways Department, Construction and Maintenance, Tiruchirapalli.
4/5
V. LAKSHMINARAYANAN, J.
mm 29.04.2025 5/5