Madras High Court
P.V.Kariyamal vs The State Of Tamilnadu on 28 April, 2022
W.P.No.19476 of 2015
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.04.2022
CORAM
THE HONOURABLE MR. JUSTICE M.GOVINDARAJ
W.P.No.19476 of 2015
P.V.Kariyamal ... Petitioner
Vs.
1. The State of Tamilnadu,
Rep. by its Secretary to Government,
Home Department, Fort St.George,
Chennain - 600 009.
2. The District Collector,
Dharmapuri District,
Dharmapuri.
3. The Superintendent of Police,
Dharmapuri & District.
4. The Deputy Superintendent of Police,
Harur, Dharmapuri District.
5. The Revenue Divisional Officer,
Harur, Dharmapuri District.
6. The Tahsildar,
Harur, Dharmapuri District.
1/7
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W.P.No.19476 of 2015
7. The Inspector of Police,
Harur Police Station,
Dharmapuri District. ... Respondents
PRAYER: The Writ Petition has been filed under Article 226 of the
Constitution of India praying to issue a Writ of Mandamus, to direct the first
respondent to grant sanction/permission to the petitioner to install the
bronze statue of Dr.B.R.Ambedkar replacing the existing one made of
cement at the Harur Town Roundtana opposite Dharmapuri District Central
Co-operative Bank, Dharmapuri District on the basis of the petitioner's
representations dated 10.11.2014 and 02.12.2014 within a time frame that
may be fixed by this Court.
For Petitioner : M/s.S.Sathia Chandran
For Respondents : Mr.T.Venkatesh Kumar
Special Government Pleader
-----
ORDER
The petitioner is a State President, Republican Party of India,
Tamil Nadu Committee of Harur Taluk, Dharmapuri District. On
21.12.1961, on behalf of the party to which the petitioner is affiliated,
installed the flag pole. In the year 1985, they have taken a decision to
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W.P.No.19476 of 2015
install a bronze statue of Dr.B.R.Ambedkar at an estimate of Rs.1.50 lakhs.
Pursuant to that, in the year 1993, they have constructed the pedestal for the
same. However, even before making of the bronze statue, certain persons,
without any prior permission from the Government, have erected a cement
statue of Dr.B.R.Ambedkar on the pedestal constructed by the petitioner.
When it was objected by the political party to which, the petitioner is
attached, a request was made not to remove till it is replaced by bronze
statue. Again on 04.02.2014, the petitioner made a representation for
replacing cement statue with bronze statue.
2. However, the rival group, in the name of Dr.B.R.Ambedkar
Makkal Nala Sangam, are taking steps to prevent the petitioner from
installing the bronze statue. They proposed that they will repair the existing
statue and reinstall it in the same place and they are attempting to encroach
upon the same. Thereafter, a Committee consisting of members of both
sides were constituted but, there could not be any unanimity in this issue.
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W.P.No.19476 of 2015
3. On the direction of this Court, the District Administration, in
consultation with the Police Department, has filed a status report today. It is
noted that the place in which the bronze statue made by the petitioner is to
be installed, was kept vacant due to unresolved difference of opinion even
among the followers of Dr.B.R.Ambedkar in respect of both the Revenue
and Police Department of the District. However, it is also noted that as
contemplated in paragraph No.4 of G.O.(Ms) No.248, Rural Development
(C2) Department, dated 23.11.1998, the petitioner has not obtained
permission from the Government.
4. It is also further submitted that the Harur Rountana is one of
the major areas where the common people gather at large including school
going children, working women, elderly citizens, patients (as Taluk
headquarters Government Hospital is within 20 meters of the rountana). The
statue is also erected on the Government poromboke land. It is also
submitted that a law and order problem in the vicinity of this area would
create a riffle, which will have its effect throughout the entire Taluk of
Harur.
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W.P.No.19476 of 2015
5. The learned counsel appearing for the petitioner would
submit that they have already submitted the representation on behalf of the
party to the Government on 10.11.2014 and the same is pending without
disposal and restricts his prayer for disposal of the same.
6. Considering the pendency of the representation, a direction
is issued to the respondents to consider the said representation of the
petitioner in terms of the judgment of the Hon'ble Supreme Court on this
aspect and G.O.(Ms) No.248, Rural Development (C2) Department, dated
23.11.1998, G.O.Ms.No.186, Municipal Administration, dated 21.09.1998
and G.O.(Ms).No.183, Revenue Department - land Disposal Wing, dated
23.05.2017 and pass orders within a period of three (3) months from the
date of receipt of a copy of this order. There shall be no order as to costs.
28.04.2022
asi
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W.P.No.19476 of 2015
To
1. The State of Tamilnadu,
Rep. by its Secretary to Government,
Home Department, Fort St.George,
Chennain - 600 009.
2. The District Collector,
Dharmapuri District,
Dharmapuri.
3. The Superintendent of Police,
Dharmapuri & District.
4. The Deputy Superintendent of Police,
Harur, Dharmapuri District.
5. The Revenue Divisional Officer,
Harur, Dharmapuri District.
6. The Tahsildar,
Harur, Dharmapuri District.
7. The Inspector of Police,
Harur Police Station,
Dharmapuri District.
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W.P.No.19476 of 2015
M. GOVINDARAJ, J.
asi
W.P.No.19476 of 2015
28.04.2022
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