S.PAPANASAM Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) THIS writ petition is directed against the Notice, dated 15.02.2012, issued by Cheranmahadevi Selection Grade Town Panchayat, calling upon M/s.Sun Paper Mills, Cheranmahadevi, to remove the Arch erected by them on the eastern side entrance of the bus-stand at Cheranmahadevi.

(2.) ACCORDING to the petitioner, the people of Cheranmahadevi Selection Grade Town Panchayat made a request to the Panchayat to honour Perunthalaivar Kamarajar, former Chief Minister of Tamil Nadu. The panchayat responded to the request and consequently the bus stand at Cheranmahadevi was named after him. The panchayat also approved the proposal for construction of an Arch in the name of Thiru Kamarajar. The panchayat, at its meeting resolved to spent a sum of Rs.225/- for the said purpose. Accordingly, the arch was erected and it was inaugurated on 10.10.1977. The function was presided over by the then president of Cheranmahadevi Panchayat and it was inaugurated by the former Speaker of Tamil Nadu Legislative Assembly.

(3.) WHILE so, the Executive Officer, Cheranmahadevi Selection Grade Town Panchayat, issued the impugned Notice, dated 15.02.2012, calling upon the donor to remove the arch within 15 days from the date of receipt of notice. The 2nd respondent in the said notice indicated that the arch was constructed in contravention of the guidelines issued in G.O.Ms.No.221, Municipal Administration and Water Supply Department, dated 20.12.1998. The action taken by the Local Body to remove the arch, notwithstanding the historical significance, made the petitioner to challenge the impugned notice.