K KANNADASAN Vs. DISTRICT COLLECTOR TRIVELLORE

JUDGEMENT

(1.) THE petitioner has filed this writ petition for the issue of a writ of mandamus directing the respondents to accord permission for putting up the Ashok Pillar at the junction of M.T.H. Road, and Avadi bye-pass road.

(2.) THE petitioner is the President of Youth Congress (I), South Chingleput District which is a recognised party. THE Congress has decided to celebrate the completion of 50th year of Independence in various parts. One such step is putting up a Stupi of Ashok Pillar. In their rejoice the party men have contributed their mite and as far as the petitioner is concerned he had thought fit to raise the Ashok Pillar which would be symbolic of Indian Independence. In the pillar the names of the freedom fighters in the District would be written to enable the general public to recognise their services to the nation. Hence the petitioner applied for permission to erect the pillar in the above said place. THE petitioner's request was forwarded to the Inspector of Polic e, Avadi Police Station, who had submitted a report on 11.8.98 stating that the erection of the pillar would not affect the movement of the traffic. THE Divisional Engineer, Highways, Chingleput District addressed Superintending Engineer for the grant of "No Objection Certificate" for erecting the structure near the Kamarajar Statute. THE petitioner reliably understands that on 13.8.98 the Superintending Engineer has given clearance with certain conditions. THE Chief Engineer, Madras has written to the District Collector seeking certain clarifications. In the meanwhile the shop keepers who had put up structures on the road had raised objection in the name of Avadi Circle Nadar Iykkia Sangam stating that if the pillar is raised, it would hide the view of their beloved leader Kamarajar. THE occupants of the shop are likely to be removed in the event of widening the road. In order to create mischief they had issued pamphlets to various authorities raising objections for the erection of the pillar. THE statue of Kamarajar is 19 feet in height; whereas the proposed pillar is hardly 12 feet in height and as such there in no substance in the objection raised by the other group. Moreover, it is for the authorities to decide the issue and no individual or any group has a say in these matters. On 11.11.98 the District Revenue Officer addressed the Tahsildar, Poonamallee to inspect the site and ascertain whether it is in the interest of the public or whether there would be any law and order problem on account of such construction. When the highways authorities had sanctioned permission subject to conditions, it is not open to the revenue authorities to raise any objection since the land does not vest with them. It is only to delay the putting up of a pillar, the revenue authorities had taken such a stand. It is the look out of the police to enforce the law and order in the event of any miscreants attempting to block a good and earnest act from being performed. THE object of the petitioner is to enable the members of the public to know the pioneers of the District who had stood for the Indian Independence and any person who is attempting to stall such intention from being implemented is doing only with the view of gaining political mileage. THE department in the event of not being helpful should not dissuade the interest evinced by the petitioner and like-minded people. Kamarajar is also a leader associated with the Congress and independence and it would be a farfetched thought that he would project his image in preference to the celebration of Indian Independence. It is rather unfortunate that some disgruntled members of the public to project their cause, use the name of the leader to delay the noble cause. THE petitioner intended to install the pillar in August. 1998 but the same has been "sic) repelled and as he wants to have it installed at least before the Republic Day, the writ petition has been filed. It is further stated in the affidavit that after receiving the no objection communication from the Highways Department, the petitioner has commenced the construction and had incurred expenses.

(3.) HOWEVER, coming to the merits of the claim of the petitioner, merely because the Highways Department and the Police Department have granted no objection' it cannot be said that the other statutory authorities have no authority to interfere in the erection of the Ashok Pillar. From the affidavit itself it is clear that both the Departments have considered the aspect as to whether the erection of the Ashok Pillar in the particular place would cause any inconvenience for the free flow of traffic. Both the departments are of the opinion that the erection of the pillar will not cause any traffic problem and hence the "permission can be granted."