Madras High Court
Palsamy vs State Of Tamil Nadu on 3 June, 2025
Author: S.M.Subramaniam
Bench: S.M.Subramaniam
W.P(MD)No.3680 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 03.06.2025
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
and
THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE
W.P(MD)No.3680 of 2025
and
W.M.P(MD)No.2641 of 2025
Palsamy ... Petitioner
vs.
1.State of Tamil Nadu,
Represented by the Principal Secretary,
Revenue and Disaster Management Department,
State of Tamil Nadu,
State Secretariat, Fort St George,
Chennai - 600 009.
2.State of Tamil Nadu,
Represented by the Principal Secretary,
Rural Development and Panchayat Raj Department,
State of Tamil Nadu,
State Secretariat, Fort St George,
Chennai - 600 009.
3.The District Collector,
Office of the District Collector,
Tirunelveli District.
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W.P(MD)No.3680 of 2025
4.The Divisional Engineer,
The State Highways Department,
TB Road, Valiyoor,
Tirunelveli District.
5.The Superintendent of Police,
Office of the Superintendent of Police,
Tirunelveli District.
7.The Tahsildar,
Radhapuram Taluk,
Tirunelveli District.
8.The Chairman,
Selection Grade Town Panchayat,
Vadaku Valliyoor, Radhapuram Taluk,
Tirunelveli District.
9.The Executive Officer,
Selection Grade Town Panchayat,
Vadaku Valliyoor,
Radhapuram Taluk,
Tirunelveli District. ... Respondents
PRAYER : Writ Petition filed under Article 226 of the Constitution of India
praying for issuance of a Writ of Mandamus directing the respondent Nos.1 to 9
to forbear the installation of a bronze statue and name board of the former Chief
Minister Mr.Karunanidhi (Late) near the Public Arch entrance of the Valliyoor
Daily Vegetable Market which is situated in Main Road, Neela Bakery, Vadaku
Valliyoor, Tirunelveli District as per Tamilnadu Government Letter No.RA
VII(1)/1946/2019 dated 26.03.2019 based on the petitioner's representation dated
27.01.2025 within the time stipulated by this Court.
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W.P(MD)No.3680 of 2025
For Petitioner : Mr.R.Senthil Kumar
For RR 1 to 4 & 6 to 8 : Mr.R.Baskaran
Additional Advocate General
Assisted by
Mr.P.Thilak Kumar
Government Pleader
For R – 5 : Mr.T.Senthil Kumar
Additional Public Prosecutor
For R – 9 : Mr.R.Baskaran
Additional Advocate General
Assisted by
Mr.H.Arumugam
ORDER
(Order of the Court was made by S.M.SUBRAMANIAM, J.) The Writ of Mandamus has been instituted to direct the respondents to forbear from installing a bronze statue and name board of the former Chief Minister Mr.M.Karunanidhi (Late) near the Public Arch entrance of the Valliyoor Daily Vegetable Market situated in Main Road, Neela Bakery, Vadaku Valliyoor, Tirunelveli District, as per Tamil Nadu Government Letter No.RA VII(1)/1946/2019 dated 26.03.2019 based on the petitioner's representation dated 27.01.2025.
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2.Mr.R.Baskaran, learned Additional Government Pleader, appearing through Video Conferencing, would submit that he has already discussed the matter with the respondent officials, who in turn, informed the learned Additional Advocate General that suitable instructions have been issued to the District Collector not to instal the statue of Dr.Kalaignar M.Karunanidhi in the market place, as per G.O.Ms.No.65, Municipal Administration and Water Supply Department, dated 29.04.2025.
3.Pertinently, the Hon'ble Supreme Court of India, in S.L.P(C)No.8519 of 2006 passed an order in rem directing that no further installation of any statue or construction of any structure in public roads, pavements, sideways and other public utility places are to be permitted. The Division Bench of the Madras High Court also passed orders. Relying on these orders, final orders have been passed in W.P.No.23140 of 2014, dated 07.10.2021 and the following directions are issued:
“(1) The first respondent is directed to identify the statues and structures in all public places, Highways, Public Roads, 4/10 https://www.mhc.tn.gov.in/judis ( Uploaded on: 05/06/2025 07:16:07 pm ) W.P(MD)No.3680 of 2025 Government lands, Meikal Poramboke lands, etc., within a period of three months from the date of receipt of a copy of this order and thereafter, evict / remove all encroachments / unauthorised illegal structures, statues in public places, Highways / Public roads / Government lands / Meikal Poramboke lands etc., by following the procedures as contemplated under the relevant Acts and Rules in force.
(2) The first respondent is directed not to grant any permission hereinafter for erection of any structure or statues in Highways, Public Places / Government Poromboke / Meikal Poromboke, affecting / infringing the rights of the common people.
(3) The first respondent is directed to issue comprehensive guidelines for grant of permission for erection of statues or structures.
(4) The first respondent is directed to identify lands for creation of required numbers of “Leaders Park” across the State of Tamil Nadu, for erection of new statues and for relocation / replacement of existing statues, for which, permission has already been granted. Accordingly, the statues, structures, where permission is already granted, the said statues are to be re- located in the “Leaders Park”.
(5) The first respondent is directed to maintain the statues / structures after re-locating the same in the “Leaders Park” and the maintenance cost shall be recovered from the persons, who got 5/10 https://www.mhc.tn.gov.in/judis ( Uploaded on: 05/06/2025 07:16:07 pm ) W.P(MD)No.3680 of 2025 permission for erection of such statues or structures. In case of non-payment of maintenance cost, the competent authorities shall recover such costs by invoking the Revenue Recovery Act. (It is made clear that relocation of the existing statues would arise only in cases, where permission was already granted by the competent authorities in accordance with law.) (6) All the above directions are to be complied within a period of six months from the date of receipt of a copy of this order.”
4.Instead of installating statues of dedicated leaders in public places, this Court has elaborately considered the issues and directed the Government to identify the lands for creation of required number of “Leaders Park” across the State of Tamil Nadu for erection of new statues and for relocation/replacement of existing statues for which permission has already been granted. Accordingly, permissions have already been granted and the said statues are to be relocated in the “Leaders Park”.
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5.The formation of “Leaders Park” would be of much benefit to the youth of this Country, as they can learn about the ideas and ideologies of those leaders. Instead of making concrete efforts for the formation of “Leaders Park”, the Government cannot issue orders granting permission to instal statues in public places. On account of heavy traffic congestion and other mitigating factors, the general public are put to hardship in the event of granting such permission to erect statues in public places. The rights of the citizens, in all respects under the Constitution, is to be protected by the State. When the Supreme Court of India has passed an order in rem not to grant any permission to instal statue in public places, the State Government cannot pass any orders granting any such permission.
6.Now that the learned Additional Advocate General would submit that the District Collector concerned has been instructed not to erect statues in the particular place as per G.O.Ms.No.65, Municipal Administration and Water Supply Department, dated 29.04.2025 and further action will be taken within a period of one week to withdraw the said Government Order, no further adjudication on merits needs to be undertaken. However, the State Government 7/10 https://www.mhc.tn.gov.in/judis ( Uploaded on: 05/06/2025 07:16:07 pm ) W.P(MD)No.3680 of 2025 shall ensure that no such permission in violation of the orders of the High Court and Supreme Court is passed in the future.
7.With the above observations, this Writ Petition stands disposed of.
8.List the matter under the caption 'for reporting compliance' regarding withdrawal of G.O.Ms.No.65, Municipal Administration and Water Supply Department, dated 29.04.2025 on 16.06.2025. There shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed.
[S.M.S.,J.] & [A.D.M.C.,J.]
03.06.2025
NCC : Yes / No
Index : Yes / No
Internet : Yes
ps
To
1.The Principal Secretary,
Represented by the State of Tamil Nadu,
Revenue and Disaster Management Department, State of Tamil Nadu, State Secretariat, Fort St George, Chennai - 600 009.
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2.The Principal Secretary, Represented by the State of Tamil Nadu, Rural Development and Panchayat Raj Department, State of Tamil Nadu, State Secretariat, Fort St George, Chennai - 600 009.
3.The District Collector, Office of the District Collector, Tirunelveli District.
4.The Divisional Engineer, The State Highways Department, TB Road, Valiyoor, Tirunelveli District.
5.The Superintendent of Police, Office of the Superintendent of Police, Tirunelveli District.
7.The Tahsildar, Radhapuram Taluk, Tirunelveli District.
8.The Chairman, Selection Grade Town Panchayat, Vadaku Valliyoor, Radhapuram Taluk, Tirunelveli District.
9.The Executive Officer, Selection Grade Town Panchayat, Vadaku Valliyoor, Radhapuram Taluk, Tirunelveli District.
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and DR.A.D.MARIA CLETE, J.
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