C.Selvakumar Vs The Principal Secretary to Government

PRAYER:- Writ Petition - filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents to issue necessary Government Order (G.O.) permitting the installation of the live statue of Maaveran Sundaralinganar in accordance with the Madurai Corporation Council Resolution dated 09.02.2011, and in compliance with the judgment of this Court dated 08.01.2019 in W.P. No.29958 of 2014, as well as based on the petitioner's representation dated 07.10.2025.

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For Petitioner : Mr.C.Selvakumar (Party in person) For Respondents : Mr.M.Ajmal Khan, Additional Advocate General Assisted by Mr.M.Sarangan (R1 to R5) Additional Government Pleader Mr.K.Sivabalan (R6)

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W.P.(MD)No.28791 of 2025

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ORDER

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(Order of the Court was made by DR.ANITA SUMANTH, J.)

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The President of Madurai District Dvendrakula Velalar

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Uravinar Sangam has moved this writ petition seeking a mandamus to the respondents to issue necessary government order, permitting the installation of a lief-sized statue of Maaveran Sundaralinganar ('statue') in accordance with Madurai Corporation Council Resolution dated 09.02.2011, and in compliance with the decision of this Court in WP.No. 29958 of 2014, dated 08.01.2019.

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We have heard Mr.C.Selvakumar, who appears in person and who is the President of the petitioner sangam and Mr.M.Ajmal Khan, learned Additional Advocate General, who appears on behalf of Mr.M.Sarangan, learned Additional Government Pleader for R1 to R5 and Mr.K.Sivabalan, learned counsel for R6.

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W.P.(MD)No.28791 of 2025

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We note that in the order of this Court in WP.No.29958 of

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2014 dated 08.01.2019, the predecessor Bench had permitted the petitioner to make an application seeking the erection of the statue and, on receipt of the same, directed that appropriate permission will have to be accorded. In doing so, the Court noted that a resolution had been passed by the Corporation of Madurai on 21.02.2011 in Resolution No. 1027 and hence, there was no hurdle in the erection of the statue in the specified place.

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The representation came to be made on 18.01.2019 and came to be rejected by way of G.O.Ms.No.213, Revenue and Disaster Management Department Land Disposal Wing (LD.4(2)) Section, dated 04.07.2019, rejecting the request of the petitioner on various grounds, as follows:-

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“i) The proposed place falls under banned category of places specified by the Supreme Court of India in SLP(C)No.8519 of 2006;

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ii) Three number of statues in one junction makes the junction heavily congested;

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iii) Installation of Maveeran Sundaralinganar statue at a busy triangular road junction connecting flower, vegetable and fruit markets, Mattuthavani M.G.R.Bus stand and Omni bus stand will cause additional hindrance to the movement of vehicles and pedestrians;

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W.P.(MD)No.28791 of 2025

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iv) If the statues are installed at junctions, breadth of road becomes narrow, view of the road becomes hindered and thereby road accidents happen; and

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v) If the statues of community and political leaders are installed, the entire city traffic comes to a grinding halt and the general public are facing many hardships during celebrations.”

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We have the benefit of a judgement of the Supreme Court

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dated 18.01.2013 in SLP(C)No.8519 of 2006, wherein the Court has categorically directed that the ' State Government shall not grant any permission for installation of any statue or construction of any structure in public roads, pavements, sideways and other public utility places .' The only caveat provided therein relates to installation of high mast lights, street lights or construction relating to electrification, traffic, toll or for development and beautification of the streets, highways and roads that relate to public utility and facilities.

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This Court, in WP(MD)No.3680 of 2025, dated 03.06.2025 has denied permission to install a bronze statue and the name board of the former Chief Minister of the State of Tamil Nadu in light of the aforesaid Supreme Court order.

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W.P.(MD)No.28791 of 2025

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Most recently, a Government Order dated 16.09.2025 in G.O.Ms.No.629, Revenue and Disaster Management Department Land Disposal Wing (LD.4(1)) Section has been issued in tune with the directives of the Supreme Court placing a complete embargo on the erection of statues, religious structures and flagpoles in public places, and setting out a Standard Operating Procedure (SOP) for such installation on private land, subject to the conditions set out therein.

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We are also given to understand that the order of this Court dated 03.06.2025 had been contested by that petitioner in SLP(C) No. 24895 to 24896 of 2025, albeit successfully. A copy of that order (SLP(C) No.24895 to 24896 of 2025) is produced before us.

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Most relevantly, the petitioner informs us that a writ petition in WP.No.194 of 2020 has been filed challenging the Government Order in G.O.Ms.No.213, Revenue and Disaster Management Department Land Disposal Wing (LD.4(2)) Section, dated 04.07.2019, which is pending on the file of the Principal Seat. It is for the petitioner to pursue that the writ petition and obtain orders therein, as mandamus of the nature sought for cannot be granted, in light of the aforesaid government order, which,

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W.P.(MD)No.28791 of 2025

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at the moment still holds good.

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