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K.Karuppiah v. the District Collector

Madras HC6 Mar 2025WA(MD)/155/2022

Case brief

AI extract

What is this about?

Writ appeal allowed; District Collector Sivagangai's order dated 08.11.2021 requiring removal of Pasumpon Muthuramalinga Thevar statue installed within petitioner's house and replacement with bronze statue per G.O.Ms.No.183 dated 23.05.2017 set aside; dismissal of W.P.(MD)No.20927 of 2021 dated 05.01.2022 reversed in effect; issue held squarely covered by W.A.(MD)No.1386 of 2022 dated 28.02.2022; W.A.(MD)Nos.1079 & 1402 of 2016 dated 14.06.2017 referred; decided 06.03.2025 by G.R.Swaminathan and M.Jothiraman, JJ., Madurai Bench of Madras High Court.

What did the court decide?

The impugned order dated 05.01.2022 in W.P.(MD)No.20927 of 2021 was set aside; the Writ Appeal was allowed as prayed for; no costs; connected miscellaneous petition C.M.P.(MD)No.1580 of 2022 closed. ¶32

K.Karuppiah Vs the District Collector — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

The impugned order dated 05.01.2022 in W.P.(MD)No.20927 of 2021 was set aside; the Writ Appeal was allowed as prayed for; no costs; connected miscellaneous petition C.M.P.(MD)No.1580 of 2022 closed.

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Issue for consideration

Whether the order dated 08.11.2021 issued by the District Collector, Sivagangai, directing the petitioner to remove the statue of Shri.Pasumpon Muthuramalinga Thevar installed within his house and replace it with a bronze statue within 30 days as per G.O.Ms.No.183 dated 23.05.2017 (on the ground that permission had not been obtained), was sustainable, given that the writ petition challenging it (W.P.(MD)No.20927 of 2021) had been dismissed on 05.01.2022.

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Court's answer

The issue raised in this writ appeal is squarely covered by the order of this Court rendered in W.A.(MD)No. 1386 of 2022 dated 28.02.2022.

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Ratio / Principle

The impugned order dated 05.01.2022 in W.P.(MD)No.20927 of 2021 is set aside and the Writ Appeal is allowed as prayed for, without costs, with the connected miscellaneous petition closed.

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Detailed headnote1 paragraphs

Madurai Bench of Madras High Court, W.A(MD)No.155 of 2022 and C.M.P.(MD)No.1580 of 2022 (decided 06.03.2025; Coram G.R.Swaminathan and M.Jothiraman, JJ.; order by G.R.Swaminathan, J.): K.Karuppiah had installed a cement statue of Shri.Pasumpon Muthuramalinga Thevar within the confines of his house, facing the road. Instead of giving the advice he sought, the District Collector, Sivagangai, ordered (08.11.2021) removal of the statue and its replacement with a bronze statue within 30 days as per G.O.Ms.No.183 dated 23.05.2017, on the ground that permission had not been obtained. His writ petition W.P.(MD)No.20927 of 2021 against that order was dismissed on 05.01.2022. Holding that the issue was squarely covered by its own order in W.A.(MD)No.1386 of 2022 dated 28.02.2022, and noting the Division Bench judgment in W.A.(MD)Nos.1079 & 1402 of 2016 dated 14.06.2017 drawn to its attention by counsel, the Division Bench set aside the impugned order, allowed the writ appeal as prayed for, without costs, and closed the connected miscellaneous petition.

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W.A(MD) No.155 of 2022

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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Dated : 06.03.2025

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CORAM

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THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN

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W.A(MD) No.155 of 2022 and C.M.P.(MD)No.1580 of 2022

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K.Karuppiah

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... Appellant / Petitioner

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1.The District Collector, District Collector Office, Sivagangai District.

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2.The Tahsildar, Thirupathur Block, Sivagangai District.

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3.The Superintendent of Police, O/o.Superintendent of Police, Sivagangai District.

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4.The Inspector of Police, Keelasevalpatti Police Station, Sivagangai District.

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5.The President, Therku Ilayathankudi Panchayat, Thiruppathur Taluk, Sivagangai District. ... Respondents / Respondents

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

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W.A(MD) No.155 of 2022

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PRAYER:

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PRAYER: Writ Appeal filed under Clause 15 of Letters Patent, praying this Court to set aside the order dated 05.01.2022 in W.P.(MD)No.20927 of 2021.

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For Appellant : Mr.G.Prabhu Rajadurai

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For Respondents : Mr.K.Balasubramani Special Government Pleader for R1 & R2 : Mr.G.V.Vairam Santhosh Additional Government Pleader for R3 & R4

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ORDER

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( Order of the Court was made by G.R.SWAMINATHAN, J.)

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Heard both sides.

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The writ petitioner herein had installed the statue of late.leader

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Shri.Pasumpon Muthuramalinga Thevar within the confines of his house. However, the statue is facing road side and the statue is made up cement. The petitioner for reasons that are not quite clear approached the District Collector, Sivagangai seeking advice. Instead of giving advice, the District Collector, Sivagangai issued the order dated 08.11.2021 calling upon the petitioner to remove the statue itself and replace the bronze

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

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W.A(MD) No.155 of 2022

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statue within 30 days as per G.O.Ms.No.183 dated 23.05.2017 on the ground that permission has not been obtained. Challenging the same, the petitioner filed W.P.(MD)No.20927 of 2021. The writ petition was dismissed vide order dated 05.01.2022. Challenging the same, this writ appeal has been filed.

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It is not in dispute that the issue raised in this writ appeal is squarely covered by the order of this Court rendered in W.A.(MD)No. 1386 of 2022 dated 28.02.2022. The learned counsel for the appellant also draws our attention to another Judgment of the Hon'ble Division Bench rendered in W.A.(MD)Nos.1079 & 1402 of 2016 dated 14.06.2017.

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In this view of the matter, the impugned order is set aside. The Writ Appeal is allowed as prayed for. No costs. Consequently, connected miscellaneous petition is closed.

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(G.R.S., J.) (M.J.R., J.) 06.03.2025

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Index : Yes / No Internet : Yes / No NCC : Yes / No rmi

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

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W.A(MD) No.155 of 2022

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G.R.SWAMINATHAN, J.