SC orders status quo on flagpole dispute in Tamil Nadu

New Delhi, Nov 17 (UNI) The Supreme Court on Monday directed that the status quo be maintained regarding the dispute over flagpoles in Tamil Nadu, while hearing a petition filed by P. Shanmugam, State Secretary of the Communist Party of India (CPI).

A Bench comprising Justice Vikram Nath and Justice Sandeep Mehta issued notice, returnable in four weeks, and ordered that, “Until further orders, the parties are to maintain status quo with respect to the subject flagpoles, as it exists today.”

The present proceedings arise after the Supreme Court earlier dismissed a Special Leave Petition (SLP) challenging a decision of the Madurai Bench of the Madras High Court, which had directed all political parties and organisations to remove permanent flagpoles erected in public spaces, including national highways and government lands.

Following the SLP dismissal, a related application pending before Justice G.R. Swaminathan of the High Court was disposed of in the light of the Supreme Court’s order.

The matter was thereafter brought again before the apex court, resulting in Monday’s status quo directive.

On August 11, the Supreme Court dismissed another appeal and upheld the High Court’s judgment requiring removal of unauthorised flagpoles. That appeal was filed by Kathiravan, who sought permission to erect a flagpole for the AIADMK in Palanganatham, Madurai, after the request was refused by the Assistant Divisional Engineer.

Counsel for the petitioner had argued that the High Court travelled beyond the scope of the original plea by issuing broader directions. However, the Supreme Court did not find merit in the challenge and affirmed the removal order.

With the latest order, the Supreme Court has put a temporary hold on further action, ensuring that the existing position of all disputed flagpoles will remain unchanged until further orders.

The matter is expected to be taken up after four weeks. 

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