Disposed

Thiruvalluvar Ilakkia Peravai v. The District Collector

Madras HC9 Dec 2022WP(MD)/23866/2022

Case brief

AI extract

What is this about?

The Madurai Bench of Madras High Court issued a writ of mandamus directing the Additional Chief Secretary, Revenue Administration to issue a Government Order within four weeks for the installation of a Thiruvalluvar statue on private school land, following departmental clearances and the District Collector's recommendation.

What did the court decide?

Directed the Additional Chief Secretary/Revenue Administration Commissioner, Chennai, to issue a G.O. for statue installation within four weeks.

Thiruvalluvar Ilakkia Peravai Vs The District… — Pension and Retirement Benefits | Madras HC (2022)

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W.P.(MD)No.23866 of 2022

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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Reserved on Pronounced on 01.12.2022 09.12.2022

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CORAM

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THE HONOURABLE MR.JUSTICE R.MAHADEVAN and THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD

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W.P.(MD)No.23866 of 2022

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Thiruvalluvar Ilakkia Peravai Periyar Illam, Sivaperuman Nagar, Mettupatti, Dindigul, Represented by its Secretary, Mr.R.Ganesan. .. Petitioner

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Versus

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1.The District Collector, Collectorate Buildings, Dindigul District, Dindigul - 624 004.

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2.The Commissioner, Corporation of Dindigul, Dindigul-Sendurai Main Road, Elil Nagar, Dindigul - 624 001.

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3.The Superintendent of Police, Dindigul District,Water Tower Round Road, Ellil Nagar, Dindigul - 624 003.

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4.The Divisional Engineer, Highways Department, Construction and Maintenance, Pandian Nagar, Nehruji Nagar, Dindigul - 624 001. .. Respondents

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

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W.P.(MD)No.23866 of 2022

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PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the first respondent to pass necessary order or orders to reinstall the Thiruvalluvar statue in the earmarked place Loorthu Matriculation School Valagam, Dindigul Madurai Main Road on the constructed pedestal adjacent to the school and the second and third respondents to take adequate steps adhering to the order for safeguarding and secure the completion of installation.

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For Petitioner : Mr.S.Muthuraman

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For Respondents : Mr.P.Thilak Kumar Government Pleader for R1, R2 & R4

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Mr.T.Senthil Kumar Additional Public Prosecutor for R3

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O R D E R

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R. MAHADEVAN, J.

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Heard the learned counsel appearing for both sides and perused the materials available on record.

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2.The petitioner has approached this court with the present writ petition as a public interest litigation seeking a direction to the first respondent to install the Thiruvalluvar statue on the constructed pedestal in the private patta land belonging to St. Loorthu Annai Girls Higher Secondary School situated on Dindigul-Madurai Main Road and consequently, direct the second and third respondents to take adequate steps to safeguard and secure the completion of installation.

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

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W.P.(MD)No.23866 of 2022

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3.According to the petitioner-Association, it was formed in 1997, with an object to promote Tamil literature among the public by conducting various programmes, such as, discourses, pattimandram, meetings etc., to inculate the importance of the Tamil language and literature. It is a non-profit organisation for the development of Tamil literature and to honour Tamil laureates.

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4.It is stated in the writ petition that the petitioner-Association proposed to install a 5 feet brass statue of the Great Poet Thiruvalluvar, from and out of the contributions received from the public and volunteers, for which recommendations from the respondents 1 to 3 were obtained to install the statue on the southern side of Dindigul – Karaikudi Road and necessary orders were also issued vide G.O.No.70, Highways (H.S.-1) Department, dated 27.03.2001. However, their attempt to install the Thiruvalluvar statue, ended in failure, in view of the objections made by some Christians who had a cemetery nearby.

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5.The petitioner – Association further averred that pursuant to their continuous efforts, the Director of Tamil Development Department sent a recommendation letter dated 05.09.2017 to the first respondent requesting to select a suitable place in Dindigul City and get permission from the Government for installing the statue. Finding no response on the same, the petitioner-Association made a representation dated 22.06.2018 to the Chief Educational Officer, Dindigul to recommend a place either in the Government office premises or in a school. In response, the Chief

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

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W.P.(MD)No.23866 of 2022

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Educational Officer passed an order on 27.06.2018, granting permission for installation of the Thiruvalluvar statue in any one of the school premises of Dindigul, however, the first respondent rejected the proposal by letter dated 07.02.2019, citing the order of the Hon'ble Supreme Court dated 29.09.2009 in SLP No.8519 of 2006, which according to the petitioner, is not applicable to their case.

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6.The petitioner also stated that their earlier attempt to install the statue near the adjacent park of St.Adaikkala Annai Diocese of Dindigul on 10.08.2021 was defeated by the police officers without any reason and the statue was removed, despite the objection raised. Thereafter, St. Loorthu Annai Girls Higher Secondary School offered to their patta land in S.No.886/1 of Adiyanoothu Village, for installation of Thiruvalluvar statue and the Director of Town and Country Planning sent a communication dated 22.02.2022 to the second respondent to take immediate action. Based on the same, the second respondent issued a letter of recommendation to the first respondent on 15.03.2022, granting no objection to install the Thiruvalluvar statue in the private patta land belonging to the said school. But, no order was passed by the first respondent, till date. The representation dated 04.06.2022 made by the petitioner-Association to the respondents 1 to 3 in this regard, did not yield any fruitful result. Therefore, this writ petition.

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W.P.(MD)No.23866 of 2022

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7.The learned counsel for the petitioner would submit that the "Thirukkural" is the pride of an universal code and the petitioner-Association has been striving since 2001, to erect a statue of Thiruvalluvar, the scribe of the Thirukkural. The learned counsel would further contend that when the petitioner-Association installed the statue of Thiruvalluvar on 10.08.2021, it was welcomed by the public, however, the police officials removed it without any valid reason. It is also submitted that by letter dated 15.03.2022, the second respondent made a recommendation for installation of the Thiruvalluvar statue in the patta private land belonging to St. Loorthu Annai Girls Higher Secondary School, but there has been no response on the part of the first respondent, till date. Therefore, the learned counsel prayed for appropriate direction in this regard.

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8.On the other hand, it is the submission of the learned Government Pleader assisted by the learned Additional Public Prosecutor, appearing for the respondents referred to G.O.(Rt) No.221 Municipal Administration and Water Supply Department, dated 20.11.1998 and submitted that it is the policy of the Government that any statue, memorial pillars, memorial, memorial arch, cannot and should not be erected in any public place without the prior permission of the Government. Therefore, the statue installed by the petitioner-Association on 10.08.2021 without obtaining any permission from the competent authority, was safely removed and kept in the school premises, in order to avoid law and order problem. It is further submitted that now, the District Collector sent a communication in Na.Ka.No.17882/2022/C2 dated

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

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W.P.(MD)No.23866 of 2022

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26.11.2022 to the Additional Chief Secretary / Revenue Administration Commissioner, Revenue Administration and Disaster Management, Chepauk, Chennai, requesting to get Government Order for installation of the statue of Thiruvalluvar in the private land belonging to St. Loorthu Annai Girls Higher Secondary School, subject to certain conditions. Thus, according to the learned counsel, the claim of the petitioner has been meted out by the respondent authorities and hence, nothing survives for further adjudication.

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9.While so, it could be seen from the communication dated 26.11.2022 sent by the first respondent to the Additional Chief Secretary / Revenue Administration Commissioner, Revenue Administration and Disaster Management Department, Chepauk, Chennai, that the school management of St. Loorthu Annai Girls Higher Secondary School, expressed their consent for installation of the Thiruvalluvar statue by the petitioner on the right side of the school premises. Further, the Superintendent of Police, Dindigul, raised no objection for installation of the statue, as there would be no hindrance to the public and vehicular traffic; the District Revenue Officer, Dindigul also recommended the same, by pointing out that there are no religious institutions, water bodies, burial ground, symbols/marks of archaeological significance in the earmarked place situated in S.No.886/1 of Adiyanoothu village; and there is no electric line across the land. The Commissioner of Corporation and the Divisional Engineer, Highways Department of Dindigul District have also expressed their no objection for installation of the statue in the said place. Considering all these factors,

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

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W.P.(MD)No.23866 of 2022

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the District Collector made his recommendation and requested the Additional Chief Secretary / Revenue Administration Commissioner, Chennai, to pass Government order for installation of the Thiruvalluvar statue by the petitioner in the earmarked place, however, subject to the following conditions:

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"(i) tpHhf; fhy';fspy; ma;ad; jpUts;Stu; rpiyf;F kupahij brYj;Jk; epfH;t[fspd; nghJ. nghf;Ftuj;jpw;F vt;tpj ,ila{Wk; Vw;gLj;jf; TlhJ/

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(ii) rpiy mikg;g[f; FHtpdnu epiyapid Rw;wp ,Uk;g[f; fk;gpapyhd ghJfhg;g[ ntyp mikg;gJlDk;. rp/rp/o/tp/ fz;fhzpg;g[f; nfkuhf;fs; bghUj;j eltof;if nkw;bfhs;s ntz;Lk;"

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The request so made by the first respondent is pending consideration of the Government, according to the learned counsel appearing for the respondent authorities.

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10.Given the factual matrix obtaining in this case that permission has been granted by St. Loorthu Annai Girls Higher Secondary School for installation of the Thiruvalluvar statue by the petitioner in their private patta land in S.No.886/1 of Adiyanoothu Village, there is no objection from the Superintendent of Police/ District Revenue Officer / Divisional Engineer, Highways Department and Commissioner of Corporation, of Dindigul, and the District Collector has also made his recommendation, this court finds it appropriate and accordingly, directs the Additional Chief Secretary/ Revenue Administration Commissioner, Revenue Administration and

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

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W.P.(MD)No.23866 of 2022

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Disaster Management Department, Chepauk, Chennai, to take steps for issuance of G.O. in the light of the recommendations of the first respondent vide communication dated 26.11.2022. Such an exercise shall be completed within a period of four weeks from the date of receipt of a copy of this order and the same be communicated to the petitioner, forthwith.

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11.The Registry is directed to mark a copy of this order to the Additional Chief Secretary, Commissioner of Revenue Administration, Revenue Administration and Disaster Management Department, Chepauk, Chennai - 5.

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With the above direction, the Writ Petition is disposed of. There is no order as to costs.

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[R.M.D., J.] [J.S.N.P., J.] 09.12.2022

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Internet : Yes. Index : Yes / No r n s

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1.The District Collector, Collectorate Buildings, Dindigul District, Dindigul - 624 004.

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2.The Commissioner, Corporation of Dindigul, Dindigul-Sendurai Main Road, Elil Nagar, Dindigul - 624 001.

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

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W.P.(MD)No.23866 of 2022

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3.The Superintendent of Police, Dindigul District,Water Tower Round Road, Ellil Nagar, Dindigul - 624 003.

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4.The Divisional Engineer, Highways Department, Construction and Maintenance, Pandian Nagar, Nehruji Nagar, Dindigul - 624 001.

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5.The Additional Chief Secretary, Commissioner of Revenue Administration, Revenue Administration and Disaster Management Department, Chepauk, Chennai - 5.

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W.P.(MD)No.23866 of 2022

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R. MAHADEVAN, J. and J.SATHYA NARAYANA PRASAD, J.

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r n s/ps

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Pre-delivery order in W.P.(MD)No.23866 of 2022

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09/12/2022

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Thiruvalluvar Ilakkia Peravai v. The District Collector

Case brief

What is this about?

What did the court decide?

Thiruvalluvar Ilakkia Peravai v. The District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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