SEKAR REPORTER

Flagpoles case/THE HONOURABLE MR.JUSTICE N.SENTHILKUMARW.P. No.30350 of 2024Shyam Kumar … PetitionerVs1.The Secretary to Government,Revenue Department,Government of Tamilnadu,Secretariat,

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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.10.2024
CORAM
THE HONOURABLE MR.JUSTICE N.SENTHILKUMAR
W.P. No.30350 of 2024
Shyam Kumar … Petitioner
Vs
1.The Secretary to Government,
Revenue Department,
Government of Tamilnadu,
Secretariat,
Fort St. George, Chennai-600 009.
2.The Secretary to Government,
Home Department,
Government of Tamilnadu,
Secretariat,
Fort St. George, Chennai-600 009.
3.The Secretary to Government,
Highways Department,
Government of Tamilnadu,
Secretariat,
Fort St. George, Chennai-600 009.
4.The Greater Chennai Corporation,
No.53, Raja Muthaiah Road,
Periamet, Kannapar Thidal,
Poongavanapuram, Chennai-3.

  1. The Secretary to Government,
    Department Municipal Administration,
    Government of Tamilnadu,
    Secretariat,
    Fort St. George,
    Chennai-600 009. … Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents consider the petitioner’s representation dated 21.09.2024 and 07.10.2024 and take stringent actions against its violators by adhering to the existing Rules in vogue for the difficulties undergone by the petitioner.
For Petitioner : M/S.Fidelia
For Respondents : M/s.C.Meera Arumugam,
Additional Government Pleader for R1, R3, R5
Mr.A.Damodaran,
Additional Public Prosecutor for R2
Mr.E.C.Ramesh,
Standing Counsel for R4
ORDER
The writ petition is filed praying for a Writ of Mandamus directing the respondents consider the petitioner’s representation dated 21.09.2024 and 07.10.2024 and take stringent actions against its violators by adhering to the existing Rules in vogue for the difficulties undergone by the petitioner.

  1. The petitioner has made a representation to the respondents seeking the removal of flagpoles installed by political authorities and other organizations along the pathways and road margins. On 18.09.2024, while walking on Dr.Besant Road in Royapettah, the petitioner encountered difficulties due to the installation of numerous flagpoles belonging to various political parties and organizations. The installation of these flagpoles on the public premises obstructs the roads,
    thereby hindering public passage. The petitioner has made a representation to the respondents by taking note of the order passed by this Court in W.P.No.17768 of 2019 dated 08.03.2019. Though the representation was made on 21.09.2024, the petitioner has filed the present writ petition during the vacation, within the lapse of two weeks.
  2. It is brought to the notice of this Court that in W.P.No.17768 of 2016 dated 02.04.2019, this Court has passed a series of directions and in W.P.No.31548 of 2023, the Division Bench of this Court had dismissed the writ petition vide order dated 02.11.2023, referring to W.P.No.17768 of 2016 as stated supra.
  3. In the light of the above, the respondents are hereby directed to dispose of the representations by taking note of the above referred dictum laid down in the above two writ petitions, within a period of 16 weeks from the date of receipt of a copy of this order.
  4. With the above observation, the writ petition stands disposed of.
    No costs.
    09.10.2024

Speaking (or) Non Speaking Order
Index : Yes/ No shk
To
1.The Secretary to Government,
Revenue Department,
Government of Tamilnadu,
Secretariat,
Fort St. George, Chennai-600 009.
2.The Secretary to Government,
Home Department,
Government of Tamilnadu,
Secretariat,
Fort St. George,
Chennai-600 009.
3.The Secretary to Government,
Highways Department,
Government of Tamilnadu,
Secretariat,
Fort St. George, Chennai-600 009.
4.The Greater Chennai Corporation,
No.53, Raja Muthaiah Road, Periamet, Kannapar Thidal, Poongavanapuram, Chennai-3.

  1. The Secretary to Government,
    Department Municipal Administration,
    Government of Tamilnadu,
    Secretariat,
    Fort St. George,
    Chennai-600 009. 
    N.SENTHILKUMAR, J.
    shk W.P. No.30350 of 2024
    09.10.2024
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