Justices K K Sasindhran and G R Swaminathan in their order said the chief minister had been "unnecessarily included" as a respondent in the petition filed by social activist 'Traffic' Ramasamy and ordered removal of Palaniswami's name.
They ordered notice to the chief secretary and home secretary and posted the case for hearing to July 24.
Ramaswamy had moved the petition against police officials for not filing any case against illegal installation of flex boards without permission both in Madurai and in Dindigul, despite a High Court order ban on doing so without permission.
He also alleged in the petition that all the ministers including the chief minister were encouraging installation of flex boards and police did not take any action against it though it led to traffic problems.