Permissibility for erection of statue without sanction of Government.

JUDGMENT :- This Writ Appeal is directed against the order of Mohan, J. whereby the learned Judge quashed the proceedings of the appellant herein and the second respondent by which the request of the first-respondent to install a statue of Thanthai Periyar E.-V. E.V. Ramaswami, the Founder-Leader of Dravida Kazhagam at a particular place in the Municipal Town of Kancheepuram was declined. It will be convenient if we refer to the parties as they stood arrayed in the Writ Petition.

The first respondent herein was the petitioner, the second respondent was the first respondent and the appellant herein was the second-respondent in the Writ Petition. In the year 1974, there was a decision by the members of the Chengalpattu District Dravida Kazhagam to install a statue of Thamthai Periyar E.V. Ramaswami and a Committee was formed in this behalf under the Chairmanship of C.P. Rajamanickam, President of the petitioner-Kazhagam, to install and erect the statue at Kancheepuram near Gangai Kondan Mandapam initially in Survey No.1865 and subsequently changed to in Municipal S.No.1974/2 in Survey Ward No.4, Block No.25. The requisite application, therefor, was made through one P.A. Rangan, a member of the Kancheepuram Municipal Council, for sanction and permission and he undertook to bear the entire expense. On 30-9-1974 by resolution No.459, the Municipal Council accepted the said application and resolved to give permission for the installation of the statue. On 7-6-1975, the Divisional Engineer, Highways, Cheengalpattu, informed the first respondent that the local body should undertake the further maintenance of the statue, for which a resolution is required, and further the individual who intended to erect the statue should be directed to remit 20 per cent of the cost of the statue for future maintenance. On 30-6-1975 by resolution No. 167, the Municipal Council resolved with reference to the proposal to install the statue that the Municipality agrees for the maintenance of the statue. On 5-7-1975, the Municipal Council directed the said Rangan to deposit 20 per cent of the cost of the statue. On 15-7-1975, a sum of Rs.200/- was deposited estimating the cost of the statue at Rs.1,000/-. It is stated that the pedestal for the installation of the statue was erected in Dec.1975. While so, there were certain objections by their parties for the installation of the statue in the concerned place. On 27-8-1976, by resolution No.310, the Municipal Council, taking note of the objections for the installation of the statue, resolved that no further action need be taken. On 6-5-1978, the petitioner requested for early orders for the installation of the statue because that was the centenary

year of Thanthai Periyar E.V. Ramaswami. On 28-6-1978, the following particulars were called for from the petitioner :

(i) The cost of the statue.

(ii) The measurements and plan for the base of the statue.

(iii) The topo-sketch of the area around the site for about 300 feet.

On 8-8-1978, these particulars were furnished by the petitioner. On 22-8-1978, the petitioner deposited a further sum of Rs.540/-estimating the cost of the statue at Rs.3,700/-. On 23-8-1978, by resolution No.320, the Municipal Council resolved to grant permission for the erection of the statue after obtaining the no objection certificates from the concerned authorities and after obtaining the sanction of the second respondent. On 30-8-1978, the Divisional Engineer, Highways, Chengalpattu, addressed the Superintending Engineer, Highways, Madras, recommending the erection of the statue. The Superintending Engineer, Highways, Madras, on 31-8-1978 also made his recommendation to the Chief Engineer, Highways, Madras, for the erection of the statue and sought permission from the second respondent. Their opinion was that the erection of the statue will not be a hindrance to the free flow of traffic and it will also not affect the future widening of the street. On 13-9-1978, the Revenue Divisional