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2 days ago
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Madras High Court Chief Justice K.R. Shriram has constituted a larger Bench, comprising Justices S.M. Subramaniam, R. Vijayakumar, and S. Sounthar, to answer a reference made to it by a Division Bench of Justices G.R. Swaminathan and K. Rajasekar regarding the validity of a single judge’s order directing the removal of all flagpoles erected by political parties and others in public places.
Justice N. Anand Venkatesh adjourned a writ petition filed by Communist Party of India (Marxist) State secretary P. Shanmugam by a month, after advocate N.G.R. Prasad, assisted by R. Thirumoorthy, informed him of the constitution of the larger Bench, which shall hold the hearing at the Madurai Bench of the High Court since the single judge’s order was passed there.
Mr. Shanmugam had filed the present petition challenging the Revenue department’s latest instructions to the Collectors to remove the flagpoles in accordance with the single judge’s order. He had questioned the necessity for government officials to exhibit such urgency when a Division Bench of the High Court had referred the matter to a larger Bench for an authoritative pronouncement.
The petitioner stated the Division Bench had agreed with his submissions that the single judge’s order to remove flagpoles was against the principles of natural justice since political parties had not been heard before passing such an order. He also contended that it was the democratic right of political parties, especially those striving for the working class, to display their flags in public places.
In his affidavit, he had argued that government officials need not show urgency in implementing the single judge’s order just because there was some delay in the constitution of the larger Bench. When his case was listed for admission on Wednesday (July 16, 2025), Justice Venkatesh had adjourned it by a day. Subsequently, on Thursday, he was informed of the larger Bench having been constituted by the Chief Justice.
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