Madras High Court
Balasubramanian vs The District Collector on 8 November, 2022
Author: V.Bhavani Subbaroyan
Bench: V.Bhavani Subbaroyan
W.P.(MD).No.22120 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 08.11.2022
CORAM
THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN
W.P(MD)No.22120 of 2022
Balasubramanian ... Petitioner
vs.
1.The District Collector,
Virudhunagar,
Virudhunagar District.
2.The Revenue Divisional Officer,
Sivakasi,
Virudhunagar District.
3.The Tahsildar,
Srivilliputhur Taluk,
Virudhunagar District.
4.The Superintendent of Police,
Virudhunagar,
Virudhunagar District.
5.The Deputy Superintendent of Police,
Srivilliputhur,
Virudhunagar District.
6.The Sub Inspector of Police,
Mamsapuram Police Station,
Virudhunagar District.
1/21
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W.P.(MD).No.22120 of 2022
7.The Executive Officer,
Mamsapuram Town Panchayat,
Srivilliputhur Taluk,
Virudhunagar District. ... Respondents
PRAYER: Writ Petition is filed under Article 226 of the Constitution of
India for issuance of a Writ of Mandamus, directing the first respondent
to consider the petitioner Uravin Murai's representation, dated
29.08.2022 on merits and in accordance with law within the time
stipulated by this Court.
For Petitioner : Mr.R.Velmurugan
For R1 to R3 : Mr.D.Gandhiraj
Special Government Pleader
For R4 to R6 : Mr.Veerakathiravan
Additional Advocate General
assisted by
Mr.R.M.Anbunithi
Additional Public Prosecutor
For R7 : Mr.P.Thambi Durai
Government Advocate
2/21
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W.P.(MD).No.22120 of 2022
ORDER
This Writ Petition has been filed for issuance of a Writ of Mandamus, directing the first respondent to consider the petitioner Uravin Murai's representation, dated 29.08.2022 on merits and in accordance with law.
2. The case of the petitioner is that he is the present President of Devendra Kula Vellalar Uravin Murai, Amaichiyarpatti, Mamsapuram and there are 126 houses at Amaichiyarpatti Village and all the villagers belong to Devendra Kula Vellalar community and no other community people are living at Amaichiyarpatti Village. During the year 1990, a cement statue of Thiagi Immanuel Sekaran was installed in Amaichiyarpatti Village. During the year 1997, there was a riot, wherein the cement statue of Thiagi Immanuel Sekaran was damaged. The Government had sanctioned a sum of Rs.2,000/- to renovate the statue of Thiagi Immanuel Sekaran. The Amaichiyar Patti Devendra Kula Vellalar Uravin Muruai, Amaichiyarpatti, Marnsapuram had given a petition to the first respodnent viz., the District Collector, Virudhunagar District on 3/21 https://www.mhc.tn.gov.in/judis W.P.(MD).No.22120 of 2022 29.08.2022, for installation of Bronze Statue of Thiagi Immanuel Sekaran at Amaichiyarpatti Village within the limit of Mamsapuram Town Panchayat in S.No.583, Plot No.28, which belongs to Amaichiyarpatti Devendra Kula Vellalar Uravin Murai and the said land was purchased on 16.12.2011. The said petition was given to the 1 st respondent on 29.08.2022 at People's Grievance Day. The said petition for installation of Bronze Statue of Thiagi Immanuel Sekaran dated 29.08.2022 is still pending before the 1st respondent.
3. It is the further case of the petitioner that on 10.09.2022, the Devendra Kula Vellalar Uravin Murai had installed the Bronze Statue of Thiagi Immanuel Sekaran. Therefore, on 10.09.2022, under the head of Sub Collector and the Superintendent of Police, Virudhunagar, a peace committee meeting was held and an order was passed by the Sub Collector, Sivakasi in Pa.Vay.A1/001/2022, wherein the following conditions were agreed by the Uravin Murai;
i) That the Statue of Thiagi Immanuel Sekaran has to be covered with tin sheet.
ii) Due to Thiagi Immanuel Sekaran Guru Pooja on 4/21 https://www.mhc.tn.gov.in/judis W.P.(MD).No.22120 of 2022 11.09.2022, permission was granted to do pooja from 4 p.m. to 6 p.m..
iii) That after the function, the Bronze Statue should be covered with Tin Sheet.
iv) After getting permission from the District Administration, the Bronze Statue of Thiagi Immanuel Sekaran should be opened.
4. According to the petitioner, on 10.09.2022 itself petitions were given to the respondent Nos.2 and 4 seeking permission for installation of Bronze Statue of Thiagi Immanuel Sekaran. The cement Statue was already installed in Amaichiyarpatti Village in the year 1990. Since the cement statue was damaged, it is replaced by bronze statue of Thiagi Lmmanuel Sekaran. So far there is no problem or clash with other communities. The said Bronze Statue was installed in the patta land and there is no difference from other villages. The representation dated 29.08.2022 given to the 1st respondent is still pending without any consideration. The 1st respondent may enquire into the petition dated 29.08.2022 and pass necessary orders in accordance with law. Only the Cement Statue of Thiagi Immanuel Sekaran was replaced by Bronze 5/21 https://www.mhc.tn.gov.in/judis W.P.(MD).No.22120 of 2022 Statue. There is no law and order problem and there is no objection from the Villagers nearby and that no other person of another community is residing at Amaichiyarpatti Village. Inspite of various representations given by the petitioner regarding installation of the statue, the same were not considered. Hence, the present writ petition has been filed.
5. According to the petitioner, as per the Guidlines and Procedures on installation of statues, the Tahsildar should certify that the land proposed for installation of the statue is only patta land and there is no encroachments in Government Poramboke lands, Roads, Highways, Water sources, Place of heritages, Monuments and DC lands. He should also certify that no LT/HT lines are crossing on it and no litigations are pending in court of law. Further, the Sub Collectors/Revenue Divisional Officers should submit inspection report by ensuring that the land proposed for. installation of statue does not come under any land acquisition proposals and Land Ceiling Act etc. The District Revenue Officers should inspect the site proposed for installation of statue and submit a comprehensive inspection report incorporating all the details. A specific report should be obtained from the 6/21 https://www.mhc.tn.gov.in/judis W.P.(MD).No.22120 of 2022 Superintendent of Police stating that the proposed site for installation of statue does not create and law and order problems and the resolution to be passed by the Local Body concerned, namely, the Commissioner of Municipality, Executive Officer in Town Panchayat and Block Development Officer in Village Panchayat. Further, report should be obtained from the Divisional Engineer / Superintending Engineer, Highways and Rural Works stating that the land earmarked for installation of statue does not affect transport of vehicles on National / State Highways and does not affect movement of pedestrians. Further, the District Collector should not send any proposals seeking Government orders for granting permission for installation of any statue or construction of any structure in Government lands, public roads, payments, sideways and other public utility places as per the orders passed by the Hon'ble Supreme Court in SLP (c) No. 8519 / 2006. The District Collectors should obtain an undertaking from the concerned private individaual /Organization / Trust / Associations, etc stating that the proposed statue is only made up of bronze and the sponsor has to remit 100% cost equal to the cost of installation of Statue towards the maintenance of the Statue to the Local Body concerned. The District 7/21 https://www.mhc.tn.gov.in/judis W.P.(MD).No.22120 of 2022 Collector should also obtain an affidavit from the concerned private individual /Organization / Trust / Associations, etc., if there is a need for replacement and re-installation of statue already installed due to various reasons, orders of the Government should be obtained. The District Collectors also should send proposals with specific recommendations to the Commissionerate of Revenue Department for obtaining orders from Government in Revenue Department (Nodal Department) after following the above said guidelines and procedures.
6. Though the petitioner himself has placed the said guidelines in the typed set of documents, he has not get any permission from the District Collector as stated above. However, the petitioner prays that appropriate orders may be passed in this regard.
7. The Deputy Superintendent of Police, Srivilliputhur Sub Division, Virudhunagar District has filed a counter stating that the statue was installed in Amachiyarpatti of Valaikulam revenue village in Mamsapuram PS limit between 09.09.2022 night and 10.09.2022 8/21 https://www.mhc.tn.gov.in/judis W.P.(MD).No.22120 of 2022 morning by the people belonging to Devendra Kula Vellalar community of Amachiyarpatti without obtaining any sanction from the Government. Amachiyarpatti is a hamlet located in Valaikulam revenue village and it is an extension area of Mamsapuram. It is inhabited by people belonging to Devendra Kula Vellalar community. Amachiyarpatti is located at a distance of 220 meters from the main road connecting Mamsapuram and Shenbaga Thoppu. The people of different community like Thevar, Pillai, Nayakar, Yadavar and Paraiyar resides in around 200 houses on the western side of the road leading to Amachiyarpatti. In T. Amirthalingam Vs State of Tamil Nadu, this Court in paragraph 35 of the judgement dated 11.02.2010, stated that statue shall be erected only with the prior sanction of the Government and in no case the erection of the statue should be initiated or carried out without the prior sanction of the government.
8. It is further stated in the counter affidavit that Amachiyarpatti Devendra Kula Uravin Murai has applied for permission to install the statue of Immanuel Sekaran before the District Collector, Virudhunagar 9/21 https://www.mhc.tn.gov.in/judis W.P.(MD).No.22120 of 2022 District only on 29-08-2022. Without getting any permission from the government and within a period of 12 days (9 working days) from application, they unlawfully installed the statue of Immanuvel Sekaran between 09.09.2022 night and 10.09.2022 morning. Mamsapuram has a history of communal incidents between Thevars and Devendra Kula Vellalar community people belonging to Amachiyarpatti and ldayankulam villages. The communal riots of 1997 in Mamsapuram resulted in a great damage to life and property of all communities. Caste riots of May 1997 resulted in stone pelting, mob violence, rioting, arson, damage to private property and murder. 2 cases of attempt to murder, 5 cases of murder, 15 cases of mischief with fire was registered. Further W. Pudhupatti, which is located at Watrap PS limit in Srivilliputhur has a history of communal violence associated with statue and flag poles. A statue of Dr. B. R. Ambedkar was installed in W. Pudhupatti bus stop with the flag pole of Puthiya Thamilagam adjacent to it. It is alleged that the rope used to tie the flag was striking against the statue of B. R. Ambedkar. A riot ensued between people belonging to SC-Paraiyar and SC-Pallar community. 4 cases of murder in which 5 10/21 https://www.mhc.tn.gov.in/judis W.P.(MD).No.22120 of 2022 persons were murdered due to the issue over the statue and flag pole in March 1999. Subsequently, a High Level Committee on prevention of caste clashes in southern districts of Tamil Nadu was formed under the head of Justice S. Mohan, a retired Supreme Court judge as chairman. The committee in its report analysed the problem of caste clashes and it is quoted in K. Kannadasan vs District Collector, Thiruvallur, Madras High Court in its judgement dated 12-01-1999. Since the Disfigurement or defiling of statues, garlanding of statue with disrespect and even rumours of disfigurement of statues causes caste riots, the committee in its report recommended, that :
1. No new statue has to be installed for any leader
2. Proper maintenance of already established statues
3. Relocation of already established statues.
9. The Government of Tamil Nadu accepted the above recommendations and passed a GO (Ms) No. 186 of Municipal Administration and Water Supply Department dated 2109-1998 and reiterated in GO (Rt) No. 221 of Municipal Administration and Water 11/21 https://www.mhc.tn.gov.in/judis W.P.(MD).No.22120 of 2022 Supply Department dated 20-11-1998, GO (Ms) No. 248 of Rural Development (C2) Department dated 23-111998 and in GO (Ms) No. 183 of Revenue Department dated 23-05-2017 in which, it is stated that:
1. Before installation of statue / Pillars /arches the approval of government should be obtained
2. The safety and maintenance cost of already established statues / piIlas / arches should be borne by those who installed it
3. To prevent damage to the already installed statues, if the concerned private individuals / associations consider that they should be kept in safe custody and installed later, concerned individuals / associations can do so after obtaining the orders of the government.
10. The writ petitioner mentioned that a statue of Immanuel Sekaran was installed in AmachiyarPatti in the year 1990 and it was damaged in 'caste riot of 1997. The Village Administrative Officer of Walaikulam revenue village in his report stated that it was located on the junction of street in Survey No 686/1A and path in Survey No 686/21.
Now a bronze statue of Immanuel Sekaran of height 6 feet was installed in a pedestal of dimension 4x4x6 feet was established without any 12/21 https://www.mhc.tn.gov.in/judis W.P.(MD).No.22120 of 2022 government permission in Survey Number 583/1A1A1A1A1A. The place where the statue was erected is in Survey Number 583/1A1A1A1A1A and Patta Number 3357 of Valaikulam village is classified as Housesite / Plot. Thus the house plots near the statue may be occupied by people belonging to different community. It is also a "place open to public view". A police picket of 2 police personnel are also posted near the statue round the clock considering the communal situation of the area. No CCTV camera is installed at the location.
11. In M. Veeraraghavan Vs The Home Secretary and others, the Madras High Court in WP No 23140 of 2014 in its judgement dated 07-10-2021 ordered removal of a statue of Dr. B R Ambedkar which was installed without permission fromthe government in Kainoor village in Arakonam Taluk Venom District. The petitioner without giving breathing time to consider their representation dated 29-082022 has installed the statue of lmmanuvel Sekarap without obtaining permission from the government in a communally sensitive place with history of communal violence and moved the Honourable High Court under writ jurisdiction 13/21 https://www.mhc.tn.gov.in/judis W.P.(MD).No.22120 of 2022 to issue mandamus. Hence, it is prayed that this Court may be pleased to 'consider the above said contentions and pass an order in the interest of justice that the statue may be removed from the present location and kept in a safe place till the government permission is obtained and graciously be pleased to pass any such order as they may deem fit and necessary to render justice.
12. As per G.O.(Ms.)No.183, Revenue Department – Land Disposal Wing (LD.4(1) Section, dated 23.05.2017, the request for installation of Statue /Pillars /Arches should be made to the District Collectors. The District Collectors should consult the Divisional Engineer / Superintending Engineer (Highways) / Highways and Rural Works Development regarding the traffic, the Superintendent of Police regarding law and order problems and to obtain full fledged report from the local body regarding the maintenance of Statues and to send his recommendation to the Government. The Government, after considering the proposal, has to pass appropriate orders. Further, the Statues should be bronze and those who have proposed to install the statue should remit 14/21 https://www.mhc.tn.gov.in/judis W.P.(MD).No.22120 of 2022 the equal (100%) amount of installation cost to he local body towards its maintenance. Further, in paragraph 4 of the said Government Order the following guidelines were issued:
“4.In the Government Order fourth read above, the following guidelines were issued by the Municipal Administration and Water Supply Department based on the decision taken in the All Party meeting:
1) Before the installation of Statue / Pillars /Arches, the approval of the Government should be obtained.
ii) The safety and maintenance cost of the already installed statues / pillars / arches should be borne by those who installed it.
iii) To prevent damage to the already installed statues, if the concerned private individuals /Associations consider that they shoud be kept in safe custody, and installed later, the concerned individuals / Associations can do so after obtaining the orders of the Government.”
13. As per the said Government Order, the Government after considering the proposal from the District Collector, has to pass appropriate orders. Statue should be in a bronze metal and other 15/21 https://www.mhc.tn.gov.in/judis W.P.(MD).No.22120 of 2022 conditions regarding the installation of statue forwarded by the District Collector should be scrutinized by the 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 have to be issued by the Revenue Department only after obtaining orders in Circulation from the Hon'ble Chief Minister.
14. The above said guidelines were issued only after considering the report of Justice Mohan committee and the same has been accepted by various G.Os., wherein it is made clear that the revenue authorities viz., the Tahsildar and the Inspector of Police has to visit the place and obtain the report and based on the report, the same has to be considered by the Collector and the Collector has forwarded to the 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 the recommendations have to be sent 16/21 https://www.mhc.tn.gov.in/judis W.P.(MD).No.22120 of 2022 to the Revenue Department and the final orders have to be issued by the Revenue Department only after obtaining orders in Circulation from the Hon'ble Chief Minister. Till such time, there cannot be any installation of new statute.
15. Considering the above said facts, this Court is of the view that Balasubramanian, S/o. Govindan, the President, Devendra Kular Vellalar Uravin Murai, Amaichiyarpatti, Mamsapuram has not obtained any such permission from the Collector and without any permission he has installed the statue illegally and the same cannot be accepted by this Court. Even though the statue was damaged in the year 1997 due to communal riots, the same has not been replaced from 1997 to 2022 and without obtaining proper permission during these long years, he simply between 09.09.2022 night and 10.09.2022 morning has placed the said statue in Amachiarpatti without the knowledge of any of the officials concerned.
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16. The learned counsel for the petitioner has stated that the statue has been placed in a Patta land. Even though it is a patta land, there are some procedures to be followed and the petitioner on their own cannot do such acts by giving a go by to the Government orders already issued and judgments delivered.
17. That being the case, the petitioner again placing the statue of the leader, worshipped by all the community people and also the general public, illegally cannot be accepted and the great person's statute ought not to have placed it in this manner and only after obtaining permission, it could have been placed. As the petitioner's representation is pending before the concerned Collector, Virudhunagar District and there are so many procedures to be followed by the said Collector, this Court is not inclined to pass any order under Writ of mandamus. However, this Court, without going into the merits of the matter, directs the District Collector, the first respondent herein to consider and pass appropriate orders on merits and in accordance with law, after affording an opportunity to the 18/21 https://www.mhc.tn.gov.in/judis W.P.(MD).No.22120 of 2022 petitioner. But the statue which has been installed has to be removed from the place where it has been placed and keep it in a safe custody and only after getting proper permission from the District Collector and the Hon'ble Chief Minister, the same can be installed, to avoid such violence in the community, on or before 19.11.2022.
18. With the above directions, this Writ Petition is disposed of. No costs.
19. Post the mater on 21.11.2022 for reporting compliance.
08.11.2022 Index:Yes/No Internet:Yes/No akv 19/21 https://www.mhc.tn.gov.in/judis W.P.(MD).No.22120 of 2022 To
1.The District Collector, Virudhunagar, Virudhunagar District.
2.The Revenue Divisional Officer, Sivakasi, Virudhunagar District.
3.The Tahsildar, Srivilliputhur Taluk, Virudhunagar District.
4.The Superintendent of Police, Virudhunagar, Virudhunagar District.
5.The Deputy Superintendent of Police, Srivilliputhur, Virudhunagar District.
6.The Sub Inspector of Police, Mamsapuram Police Station, Virudhunagar District.
7.The Executive Officer, Mamsapuram Town Panchayat, Srivilliputhur Taluk, Virudhunagar District.
20/21 https://www.mhc.tn.gov.in/judis W.P.(MD).No.22120 of 2022 V.BHAVANI SUBBAROYAN,J.
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