Madras High Court
M.Ramachandran vs The District Collector on 8 April, 2021
Author: T.S.Sivagnanam
Bench: T.S.Sivagnanam, S.Ananthi
W.P(MD)No.7639 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 08.04.2021
CORAM:
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM
and
THE HONOURABLE MRS.JUSTICE S.ANANTHI
W.P(MD)No.7639 of 2021
and
W.M.P(MD)No.5807 of 2021
M.Ramachandran ... Petitioner
Vs.
1.The District Collector,
Trichy District,
Trichy.
2.The Superintendent of Police,
Trichy District,
Trichy.
3.The Tahsildar,
Mannachanallur Panchayat Union,
Trichy District.
4.The Commissioner,
Mannachanallur Panchayat Union,
Trichy District.
5.K.Selvaraj ... Respondents
PRAYER: Writ Petition is filed under Article 226 of the Constitution of India
praying for the issuance of a Writ of Mandamus, directing the respondents
1 to 4 to remove 7 feet concrete stage constructed to erect the statue of
his political leaders namely Dr.M.G.Ramachandran and Dr.J.Jeyalalitha at
near Fair Price Shop, Maniyankurichi Village Road, Maniyankurichi,
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W.P(MD)No.7639 of 2021
Mannachanallur Taluk, Trichy District and further forbearing the
respondents 1 to 4 from granting permission to erect statues in the said
place by considering the petitioner's representation dated 26.03.2021.
For Petitioner : Mr.T.Lenin Kumar
For RR 1 to 4 : Mr.K.P.Krishna Dass
Special Government Pleader
ORDER
[Order of the Court was made by T.S.SIVAGNANAM, J.] We have heard Mr.T.Lenin Kumar, learned counsel appearing for the petitioner and Mr.K.P.Krishna Dass, learned Special Government Pleader, who accepts notice on behalf of the respondents 1 to 4.
2.In the light of the orders we propose to pass in this Writ Petition, we dispense with the issuance of notice to the fifth respondent.
3.The petitioner by way of this Writ Petition filed as a Public Interest Litigation seeks for a direction upon the respondents, namely, the respondents 1 to 4, to remove 7 feet concrete stage constructed by the fifth respondent for erecting statues of certain political leaders.
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4.We are not going into the controversy as to whose statue is sought to be erected there, but, we are concerned about the legal position. Erecting statues of political personalities and several persons in road margins, side margins etc., became a public nuisance and ultimately, was taken up for consideration by the Hon'ble Supreme Court in the case of Union of India Vs. State of Gujarat and others in Special Leave to Appeal (Civil) No.8519 of 2006 and an order was passed on 18.01.2013. The operative portion of the order reads as follows:-
“4.Until further orders, we direct that the status-quo, as obtaining today, shall be maintained in all respects by all concerned with regard to the Triangle Island where statue of late Shri N.Sundaran Nadar has been permitted to be sanctioned. We further direct that henceforth, State Government shall not grant any permission for installation of any statue or construction of any structure in public roads, pavements, sideways and other public utility places. Obviously, this order shall not apply to installation of high mast lights, street lights or construction relating to electrification, traffic, toll or for development and beautification of the streets, highways, roads etc., and relating to public utility and facilities.”
5.The Government of Tamil Nadu, taking into consideration the direction issued by the Hon'ble Supreme Court, issued G.O(Ms)No.183, Revenue Department, Land Disposal Wing (LD.4(1) Section, dated 23.05.2017. The operative portion of the said Government Order reads as follows:-
http://www.judis.nic.in 3/8 W.P(MD)No.7639 of 2021 “8.The Government after careful examination have decided to issue the procedures to be followed and ordered as detailed below:-
i) In future, the request for installation of statues as forwarded by the District Collector will be scrutinized by Rural Development and Panchayat Raj, Municipal Administration and Water Supply Department / Highways Department or by more than one departments as the case may be and recommendations be sent to the Revenue Department, which will be the Nodal Department in this regard. The final orders will be issued by the Revenue Department only after obtaining orders in Circulation from Hon'ble Chief Minister.
ii) It should, however, be borne in mind that, the Hon'ble Supreme Court in SLP(c)8519/2006 has ordered that the State Government shall not grant any permission for installation of any statue or construction of any structure in public roads, pavements, sideways and other public utility places.
iii) Information and Public Relations Department will keep on maintaining the Installed Statues wherever they are maintaining now.
iv) Revenue Department being the Nodal Department, will hence forth (only for future installations and fresh cases) deal with the Court cases relating to installation of statues.
However, the Departments concerned will give necessary assistance as the case may be for scrutiny of Draft Counter Affidavit etc.
9.Necessary amendment to the Tamil Nadu Government Business Rules and the Secretariat Instructions for inclusion of the subject “Statues – Installation and maintenance http://www.judis.nic.in 4/8 W.P(MD)No.7639 of 2021 (Revenue Department is the Nodal Department in this regard)” under the Heading Revenue Department in the first schedule of the Tamil Nadu Government Business Rules, 1978 and Secretariat instructions will be issued separately by the Personnel and Administrative Reforms Department.”
6.The above is the legal position as on date and the Government Order has to be strictly implemented by the authorities, more particularly, the respondents 1 to 4. Since the petitioner has submitted the representation on 23.03.2021 and has filed this Writ Petition on 01.04.2021, we are of the opinion that reasonable time was not given to the official respondents to take note of the representation. In any event, noting the public interest involved in the matter, we have extracted the order passed by the Hon'ble Supreme Court as well as relevant portion of the Government Order in G.O(Ms)No.183, dated 23.05.2017.
7.In the light of the above, the representation of the petitioner, dated 23.03.2021, be considered by the official respondents, after issuing notice to all the parties concerned, bearing in mind the order passed by the Hon'ble Supreme Court as well as the Government Order, within a reasonable time, not later than six weeks from the date of receipt of a copy of this order.
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8.With the above direction, the Writ Petition stands disposed of.
No costs. Consequently, connected Miscellaneous Petition is closed.
[T.S.S., J] [S.A.I., J]
08.04.2021
Index : Yes / No
Internet : Yes / No
ps
Note :
In view of the present lock down
owing to COVID-19 pandemic, a
web copy of the order may be
utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.
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1.The District Collector, Trichy District, Trichy.
2.The Superintendent of Police, Trichy District, Trichy.
3.The Tahsildar, Mannachanallur Panchayat Union, Trichy District.
4.The Commissioner, Mannachanallur Panchayat Union, Trichy District.
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and S.ANANTHI,J.
ps ORDER MADE IN W.P(MD)No.7639 of 2021 08.04.2021 http://www.judis.nic.in 8/8