LAWS(MAD)-2016-4-465

DISTRICT COLLECTOR; REVENUE DIVISIONAL OFFICER; SUPERINTENDENT OF POLICE; DEPUTY SUPERINTENDENT OF POLICE; INSPECTOR OF POLICE Vs. N E RAJASUDHAN

Decided On April 25, 2016
District Collector; Revenue Divisional Officer; Superintendent Of Police; Deputy Superintendent Of Police; Inspector Of Police Appellant
V/S
N E Rajasudhan Respondents

JUDGEMENT

(1.) Installation of a statue of V.O.Chidambaranar, a National Leader, in a patta land, belonging to a Uravinmurai Sangam, Vadipatti Taluk, Madurai District, is opposed by the appellants, on the grounds that there would be a communal clash in the village, and hence not advisable, to erect a statue. G.O.No.248, Rural Development Department, dated 23.11.1998, is also invoked, to contend that permission from the Government is required.

(2.) Placing reliance on a judgment of this Court in Srivilliputhoor Saiva Vellalar Sangam vs. The District Collector (W.P(MD)No.8935 of 2012, dated 29.08.2012), the Writ Court directed, unveiling of the statue of the National Leader V.O.Chidambaram(shortly V.O.C) at V.O.C Nagar, 15B, Periyasoorseri, Mettupatti Post, Vadipatti Taluk, Madurai District.

(3.) Directions issued are assailed, on the grounds inter alia that the Writ Court has failed to see that erection of V.O.C statue would steer community based violence, resulting in loss of peace and security in the area. Added further, the appellants have submitted that the land, in which, the statue is proposed to be unveiled, measuring 3 cents, is not protected or surrounded by a compound wall and in close proximity, a statue of Dr.Ambedkar is located, within 90 meters. According to the appellants, if the statue is located in ''place open public view'' in close proximity, with the statue of Dr.Ambedkar, there is a likelihood of breach of peace.