Ratio:
Conditions imposed by the Government regarding the shifting of the statue is to be scrupulously followed.

The present petition is about an unfortunate development in a village in Cuddalore District of State of Tamil Nadu, which we hope should be an eye-opener, and which should not be permitted to occur any where in future.

2. The issue involved in the petition revolves about an unceremonious shifting of the statue of Dr.B.R.Ambedkar, the Founding Father of the Indian Constitution, from the place where it was initially located in that village and the efforts made by the petitioner to bring it back to its original location.

3. The petitioner is a resident of a village by name Pazhaya (Old) Pattinam in Virudhachalam Taluk of Cuddalore District. This village consists of about 700 families out of which nearly half belong to the dalit community. A statue of Dr.B.R.Ambedkar was decided to be erected in this village in front of the Village Panchayat Library by the village panchayat. It is the case of the petitioner that a resolution to that effect was also passed on 15th August, 2008 in the Special Gram Sabha Meeting. A photo copy of the resolution signed by the President of the Village Panchayat Thiru.C.Dharmalingam is annexed at page – 1 of the typed set of papers filed in support of the petition. It is not in dispute that the statue was so erected in the village, though according to the petitioner it was erected sometime in August/September, 2008, whereas according to the Tahsildar it was erected in the 1st week of October, 2008.

4 (i). It appears that a section of the villagers, at the instance of the 11th respondent, who happens to belong to a minority religious community, (and who was earlier defeated in the election to the post of President of the Panchayat) started a campaign to shift the statue and to re-locate it on the banks of a village pond near the dalit settlement. The petitioner and the villagers felt very much disturbed by this campaign. When they made enquiries with the fourth and the fifth respondents i.e., the Revenue Divisional Officer and the Tahsildar, they were replied that any opposition to such proposal will result in police custody. This led to the petitioner making a representation to the second respondent/District Collector on 11th January, 2010 that the statue be retained where it is presently situated and should not be shifted due to objection by a few Islamic families. A copy of the representation signed by 114 persons and the acknowledgement issued by the office of the Collector are produced in the typed set of papers. .

4(ii). The petitioner feared that any such action will disturb the communal harmony in that village, and therefore filed the present petition on 19th January, 2010 praying initially that the respondents to the petition be restrained from removing the statue of Dr.Ambedkar and from relocating the same on the banks of the village pond. The petition, as was filed originally, had the following respondents:- (i)The State of Tamil Nadu through Home Secretary, (ii)The District Collector, Cuddalore, (iii)The Superintendent of Police, Cuddalore, (iv)Revenue Divisional Officer, Virudhachalam (v)The Tahsildar, Virudhachalam, and (vi)The Inspector of Police, Virudhachalam

The above referred to statements are on the basis of the averments made in paragraphs 5 & 6 of the petitioner’s affidavit filed in support of the petition. The petitioner has produced the photographs showing the statue of Dr.Ambedkar situated near the Village Library Hall, some policemen guarding the same and another photograph showing large number of villagers gathered near the statue.

5. The petition was mentioned before this Court in the forenoon session of 19th January, 2010 for an urgent order in the afternoon. However, with a view to enable the learned Government Pleader to take instructions, it was directed to be notified for admission on 20th January, 2010. 6(i). Mr.G.Purushothoman, learned counsel appeared for the petitioner on 20th January, 2010, and pointed out that there is a fear of communal disturbance t