Madras High Court
Srivilliputhoor Saiva Vellalar Sangam vs The District Collector on 29 August, 2012
Author: K.Chandru
Bench: K.Chandru
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 29/08/2012
CORAM
THE HONOURABLE MR. JUSTICE K.CHANDRU
W.P(MD)No.8935 OF 2012
and
M.P(MD)No.1 of 2012
Srivilliputhoor Saiva Vellalar Sangam
Reg.No.172/2007,
represented by its President,
K.B.Muthusamy,
13-A, Madavar Valagam Agraharam,
Srivilliputhur,
Virudhunagar District. ..Petitioner
Vs
1. The District Collector,
Virudhunagar,
Virudhunagar District.
2. The Revenue Divisional Officer,
Sivakasi,
Virudhunagar District.
3. The Tahsildar,
Srivilliputhur,
Virudhunagar District.
4. The Deputy Superintendent of Police,
Srivilliputhur,
Virudhunagar District.
5. The Inspector of Police,
Town Police Station,
Srivilliputhur,
Virudhunagar District. ..Respondents.
Prayer
Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Mandamus forbearing the respondents from
interfering with the function relating to the unveiling of the statute of
V.O.Chidambaram installed in the place of No.13-A, Madavar Valagam
Agraharam,Srivilliputhur belongs to the petitioner Sangam.
!For Petitioner ... M/s.G.Chandrasekar
^For Respondents ... Mr.M.Murugan,
Govt.Advocate
:ORDER
In this Writ Petition, the petitioner Srivilliputhoor Saiva Vellalar Sangam,represented by its President. The Writ Petition is for a direction to the respondents from interfering with the function relating to the unveiling of the statute of V.O.Chidambaram installed in the place of No.13-A, Madavar Valagam Agraharam, Srivilliputhur belongs to the petitioner/Sangam.
2. The Writ Petition when it came up on 03.07.2012, notice was directed to be taken by the Special Government Pleader on behalf of the respondents and he is directed to get instructions from the respondents.
3. On behalf of the Tahsildar, Srivilliputhur, Virudhunagar District, a counter affidavit has been filed on 22.07.2012. In the counter affidavit filed, it was stated that the building located in Door No.13-A, Madavar Valagam Agraharam, Srivilliputhur Town belongs to Srivilliputhur Town Saiva Vellar Sangam and they have installed the statue of Freedom Fighter V.O.Chidambaram and it is only made of stone. The statue has been installed before the Office room within the premises of the building prior to one year without getting government permission on 14.04.2012. But coming to know that the petitioner and their community people were programmed to conduct unveiling ceremony on 15.04.2012 and since they have not obtained any permission from the Government, a Peace Committee Meeting was conducted by the Revenue Divisional Officer, Sivakasi on 14.04.2012 at Taluk Office, Srivilliputhur. The President,Secretary and three members of the Petitioner/Association participated in the Peace Committee meeting and they consented to get government permission before unveiling the statue. The Srivilliputhur Municipal Council has also passed a resolution, dated 30.4.2012 in favour of the petitioner/Sangam to install bronze statute after getting permission from the Government. However, the petitioner installed stone statue without getting permission. The State Government as per G.O.(Per) No.221, Rural Development Department, give instructions regarding erection of statue, Memorial Pillar, Memorial Hall or Memorial Arch, the concerned person who desires these item of work they should permission of the Government and since the petitioner has not followed the procedure, the Writ Petition is not maintainable.
4. However, the learned counsel for the petitioner placed reliance upon the judgment of this Court in P.Maniyarasan .vs. The Government of Tamil Nadu reported in 2011(1) CWC 379, this Court after reviewing the orders of the Government as well as the judgement passed by this Court in T.Amirthalintam .vs. State, represented by its Secretary, Department of Home, Chennai and others reported in 2010(2) MLJ 1022 has observed that there is no authority for the Government to prevent the persons installing statue in a private land which according to the persons who believe in the greatness of their individuals. Further isto the nature of statue to be held, this Court is of the view that there is no impediment for a person to install a statue depending upon their wishes whether the statue should be made of clay or wood or stone or metal as the case may be, the State cannot interfere with the same. At this juncture, the learned counsel for the petitioner also produced a copy of the D.O Letter of the Principal Secretary to Government,Government of Tamil Nadu, Chennai addressed to the District Collector, Virudhunagar District, dated 12.08.2008. In that case, relating to installation of the statue of Pasumpon Muthuramalinga Thevar at Rajapalayam. In that case, the State Government had stated that for unveiling statue, there is no requirement of the State Government's permission and if any statues are installed, appropriate steps should be taken to protect the same from being damaged by anti-social elements. There should not be any room for law and order problem. From this, it is made clear that for installation of the statue of V.O.Chidambaram Pillai, who has rendered his life for the independence of this country and in the absence of any legal impediment, there is no question of preventing the petitioner Sangam from unveiling the statue on their own association compound.
5. In view of the stand taken by the respondents, since it is a stone statue, there is no need for Government permission and obtaining of Government permission does not give any legal problem in unveiling the statue of V.O.Chidambaram Pillai.
6. The Writ Petition is allowed and the petitioners are directed to unveil the statue in their Association Compound. But before parting with the Writ Petition, this Court bound to observe that national leaders who have reached a greater height have been reduced as community representatives it is rather unfortunate that the past history of such leaders are not revealed and they are identified as a representative of a particular community rather than being projected as a national heroes who suffered not only their live but also their family for the freedom of this Country. Consequently, connected Miscellaneous Petition is closed. No costs.
vsn To
1. The District Collector, Virudhunagar, Virudhunagar District.
2. The Revenue Divisional Officer, Sivakasi, Virudhunagar District.
3. The Tahsildar, Srivilliputhur, Virudhunagar District.
4. The Deputy Superintendent of Police, Srivilliputhur, Virudhunagar District.
5. The Inspector of Police, Town Police Station, Srivilliputhur, Virudhunagar District.