Tamil Nadu flagpole dispute: Supreme Court orders status quo
All political parties were directed by the High Court to remove their flagpoles erected permanently in all over Tamil Nadu in the public places.
Madurai bench of the High Court had also instructed the government not to grant permission in future to erect poles.
The Supreme Court has ordered a status quo on the dispute over flagpoles in Tamil Nadu, while hearing a petition filed by P. Shanmugam, 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, “Until further orders, the parties are to maintain status quo with respect to the subject flagpoles, as it exists today.”
The instant petition has been filed against a full bench decision of the Madras High Court which had declined to interfere with the High Court's single bench decision to remove flagpoles which are erected permanently by political parties all over Tamil Nadu in public place.
High Court's single judge bench had directed all the authorities concerned to not grant any permission to erect flagpoles permanently in the public places and land belonging 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.
"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.", the High Court had ordered.
The political parties and other organizations were permitted to erect their permanent flagpoles in their own land that too after obtaining necessary permission from the authority concerned. In this regard, the State Government was directed to frame Rules for erection of flagpoles in the private land.
"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. 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", the single judge bench had further ordered.
The said order of the single judge bench had also been taken to the Division Bench of the High Court by way of an appeal which had confirmed the orders of the Single Judge and dismissed the writ appeal.
Case Title – Communist Party of India v. State of Tamil Nadu
Hearing Date: November 17, 2025
Bench: Justices Nath and Mehta