India Dravida Makkal Munnetra Katchi vs The Chief Secretary
2024 Latest Caselaw 79 Mad

Madras High Court

India Dravida Makkal Munnetra Katchi vs The Chief Secretary on 2 January, 2024

Author: S.M.Subramaniam

Bench: S.M.Subramaniam

                                                                             W.P.No.16430 of 2020



                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                              DATED : 02.01.2024

                                                    CORAM

                            THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM

                                              W.P.No.16430 of 2020


                   India Dravida Makkal Munnetra Katchi,
                   Rep. by its Founder & President,
                   Dr.Veera Chidambaram, Age 57,
                   15/1, Sarojini Nagar, Towerline Colony,
                   Collectorate (P.O.) Erode – 638 011.                     ...Petitioner

                                                       -Vs-

                   1.The Chief Secretary,
                     Govt. of Tamil Nadu,
                     Fort St. George,
                     Secretariat, Chennai – 600 009.

                   2.The Collector,
                     Erode Collectorate,
                     Erode – 638 011.

                   3.The Divisional Engineer,
                     Buildings & Maintenance,
                     Highways Department,
                     Erode – 638 002.                                       ...Respondents

                   Prayer:- Writ petition filed under Article 226 of the Constitution of India
                   praying for issuance of a Writ of Mandamus, directing the 2nd and 3rd
                   respondents to permit the petitioner to install Dr.B.R.Ambedkar Statue

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                                                                                  W.P.No.16430 of 2020



                   near Kaalai Mattu Chinnam Junction and maintain the same to pass any
                   other order as this Hon'ble Court may deem fit and proper in the
                   circumstances of this case.



                                  For Petitioner   : Mr.T.Sivagnanasambandan

                                  For R1 to R3     : Mr.P.Balathandayutham
                                                     Special Government Pleader


                                                     ORDER

The writ petition has been instituted by India Dravida Makkal

Munnetra Katchi, represented by its Founder and President, Dr.Veera

Chidambaram.

2. The learned counsel appearing for the petitioner made a

submission that another person has taken charge as President of the

petitioner's registered political party after the death of the Founder of the

party, Dr.Veera Chidambaram.

3. The relief sought for in the writ proceedings is to direct

respondents 2 and 3 to permit the petitioner to install Dr.B.R.Ambedkar

statue near Kaalai Mattu Chinnam Junction and maintain the same.

https://www.mhc.tn.gov.in/judis

Admittedly, it is a public place wherein permission has been sought for to

install a statue of the leader.

4. The learned Special Government Pleader appearing on behalf of

respondents 1 to 3 raised an objection with reference to the prayer in the

writ proceedings that the permission sought for by the petitioner cannot be

granted since it is a public place, and more specifically congested area.

5. The Apex Court of India has already ruled that statues cannot be

erected in public places. Since writ petition has been filed seeking a

direction to install the statue of the leader in a public place, the said relief

cannot be granted.

6. The learned counsel appearing for the petitioner also states that

the Founder petitioner who filed the writ petition is no more, and therefore

the writ petition may be disposed of.

7. In view of the facts and circumstances, the relief as such sought

for in the present writ proceedings cannot be granted, and as per the

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judgment of the Apex Court and this Court, no statue can be erected in

public places.

8. Accordingly, the writ petition stands dismissed. No costs.

02.01.2024 cda Index : Yes/No Speaking / Non Speaking Order

https://www.mhc.tn.gov.in/judis

To

1.The Chief Secretary, Govt. of Tamil Nadu, Fort St. George, Secretariat, Chennai – 600 009.

2.The Collector, Erode Collectorate, Erode – 638 011.

3.The Divisional Engineer, Buildings & Maintenance, Highways Department, Erode – 638 002.

https://www.mhc.tn.gov.in/judis

S.M.SUBRAMANIAM. J.,

cda

02.01.2024

https://www.mhc.tn.gov.in/judis