Indian Kanoon - Search engine for Indian Law

3. According to the writ petitioner, the petitioner Association has been serving the poor and down-trodden and propagating national Integration and secularism. The object of the association is to promote international brotherhood and human understanding among fellow citizens and to create awareness among the people of India. As a mark of respect and admiration for the glorious memory of late Prime Minister Smt. Indira Gandhi, the petitioner Association has applied to the State Government to install a statue in the capital city of Tamil Nadu so as to inspire and stimulate young and old generations to emulate the fine example set up by the late Prime Minister. During 1986, the Association approached the Commissioner, Corporation of Madras, by letter dated 19-11-1986 for the purpose of erecting a bronze statue of the late leader in a prominent and fitting place opposite to Spencer Club House Road junction. The Corporation of Madras by its letter dated 26-12-1986 advised the petitioner Association to approach the Highways Department. Thereafter, the Association sent a requisition letter to the Chief Engineer, Highways Department, Madras-5, on 17-4-1987, requesting for a site at Anna Salai, opposite to Spencer Club House Road and Binny Road Junction, for the purpose of erection of a life size statue of Smt. Indira Gandhi. The Divisional Engineer, Highways and Rural Works Department, Madras-15, by letter dated 12-5-1987 requested the petitioner Association to send the site plan showing the exact location where the statue is to be erected and the plan showing the pedestal size and design of the statue, for taking further action. As per the request of the Divisional Engineer, the Association prepared and sent the site plan, pedestal size and other particulars required on 26-8-1987 with a request to approve the same at an early date. The Association sent another letter dated 29-8-1987 with a request to approve the plan sent along with that letter showing the exact desirable location of the place of erection of the statue. Again, the petitioner Association made a representation to the Governor of Tamil Nadu on 6-9-1988 in connection with the permission to install the life size bronze statue of the former Prime Minister late Smt. Indira Gandhi, at Anna Salai.

5. While the position is so, the petitioner Association has received the impugned G.O. Ms. No. 739, Public Works (HV2) Department, dated 20-5-1992 whereby the orders already issued in the letter Ms. No. 1050, Transport Department, dated 12-9-1989 granting permission to the petitioner Association for the installation of the statue of the former Prime Minister late Smt. Indira Gandhi at the Island to be formed at the junction of Club House Road and Anna Salai has been cancelled, and the request of the Annai Indira Gandhi Statue Committee (All India Amitab Bachchan Fans Association) for alternative location in the existing divisional Island abutting Binny Road has been rejected. In the impugned order, permission has been granted to Thiru Vazhapadi K. Ramamurthi, President, Annai Indira Gandhi Rajiv Gandhi Statue Committee, for the installation of the statue at the very same site chosen by the petitioner Association. According to the petitioner, no notice has been issued by the Government of Tamil Nadu before cancelling the order dated 12-9-1989. The Government has also rejected the request of the petitioner Association for an alternative location in the existing divisional Island abutting Binny Road without assigning any reason. It is also pertinent to notice that during January, 1990, when the D.M.K. Party was in power, the A.I. A.D. M.K. Party has made a request before the then Government for the allotment of the very same site already given to the petitioner Association for the erection of a statue of the late Chief Minister of Tamil Nadu Dr. M.G. Ramachandran and the same was negatived by the then Government on the ground that the very same site was already allotted to the petitioner Association. Thus, the petitioner Association has filed the above writ petition to quash the impugned Government Order dated 20-5-1992.

6. The Government of Tamil Nadu represented by the Joint Secretary to Government, Public Works Department, Madras-9, has filed its counter-affidavit dated 6-8-1992. According to the Government, the Government very carefully considered the facts and circumstances of the case and since the petitioner Association has not made any sincere and earnest effort to install the statue for nearly 1 1/2 years and came up to the Government with a request to install the same statue in an alternative location, has cancelled the earlier orders issued in Letter Ms. No. 1050, Transport Department dated 12-9-1989 wherein the President of the petitioner Association was permitted to install the statue of the former Prime Minister of India. The Government also rejected the request of the petitioner Association for alternative location in the existing divisional Island abutting Binny Road. By the impugned order, the Government permitted the 4th respondent Thiru Vazhapadi K. Ramamurthi, President of Indira Gandhi and Rajiv Gandhi Statue Committee, Madras, to install the life size bronze statue of the former Prime Minister late Smt. Indira Gandhi at the existing traffic Island at the junction of Anna Salai and Binny Road, opposite to Spender.

Yours faithfully.          

(Sd.) X X X X        For Secretary to Govt.      

Copy to:

The Chief Engineer, H & R.W., Madras-5 by Special Messenger with reference to his Lr. No.64910/Thal 2/88 dated 24-7-1989. The Government Pleader, High Court, Madras-104 with reference to High Court Order in W.P. No. 9144 of 1989 dated 12-7-1989."

16. Subsequently, on 3-5-1991, the Annai Indira Gandhi Statue Committee (under the auspices of All India Amitab Bachchan Fans Association) has made a representation to the Governor of Tamil Nadu seeking permission to shift the site to the existing traffic Island abutting Binny Road. This letter has been written without prejudice to the permission granted already under the communication dated 12-9-1989 and referred to above. It transpires that the 4th respondent has made a representation on 27-1-1992 for allotment of a site and permission to erect life size bornze statues of former Prime Minister late Tmt. Indira Gandhi and Thiru Rajiv Gandhi at Anna Salai, Madras. Thereafter, the Government passed the impugned order on 20-5-1992 cancelling the permission granted to the writ petitioner Association under the communication dated 12-9-1989 for the installation of the statue of Tmt. Indira Gandhi at the island to be formed at the junction of Club House Road and granting permission to the 4th respondent to install the statue of Tmt. Indira Gandhi at the traffic island at the junction of Anna Salai and Binny Road opposite to Spencer. This Government Order further rejects the request of the petitioner Association for shifting the site at the junction of Anna Salai and Binny Road opposite to Spencer.