S. Manikumar, J.

Installation of a statue of V.O. Chidambaranar, a National Leader, in a patta land, belonging to a Uravinmurai Sangam, Vadipatti Taluk, Madurai District, is opposed by the appellants, on the grounds that there would be a communal clash in the village, and hence not advisable, to erect a statue. G.O. No.248, Rural Development Department, dated 23.11.1998, is also invoked, to contend that permission from the Government is required.

2. Placing reliance on a judgment of this Court in Srivilliputhoor Saiva Vellalar Sangam v. The District Collector (W.P(MD) No. 8935 of 2012, dated 29.08.2012), the Writ Court directed, unveiling of the statue of the National Leader V.O. Chidambaram (shortly V.O.C) at V.O.C Nagar, 15B, Periyasoorseri, Mettupatti Post, Vadipatti Taluk, Madurai District.

3. Directions issued are assailed, on the grounds inter alia that the Writ Court has failed to see that erection of V.O.C statue would steer community based violence, resulting in loss of peace and security in the area. Added further, the appellants have submitted that the land, in which, the statue is proposed to be unveiled, measuring 3 cents, is not protected or surrounded by a compound wall and in close proximity, a statue of Dr. Ambedkar is located, within 90 meters. According to the appellants, if the statue is located in ''place open public view'' in close proximity, with the statue of Dr. Ambedkar, there is a likelihood of breach of peace.

4. It is also the contention of the appellants that the area, in which, statue of V.O.C is proposed to be unveiled, is occupied predominantly by people belonging to scheduled caste community. The area is hyper sensitive. Purport of G.O. No.248, Rural Development Department, dated 23.11.1998, has not been properly considered by the Writ Court. Instances have been cited, regarding registration of criminal cases between different groups.

5. Learned Additional Government Pleader appearing for the appellants made submissions on the above aspects and invited the attention of this Court, to the interim order made by the Hon'ble Supreme Court, in the case of Union of India v. State of Gujarat and others (SLP (Civil) No. 8519/2006, dated 18.01.2013) Heard the learned counsel for the parties and perused the materials available on record.

6. Before adverting to the submissions, this Court deems it fit to consider some of the Government orders, issued in the matter of installation of statues. G.O. Ms. No. 186, Municipal Administration and Water Supply Department, dated 21.09.1998, is extracted hereunder:-

VERNACULAR MATTER

7. The above said G.O has been issued, following certain recommendations made by the High Level Committee, chaired by Hon'ble Mr. Justice S. Mohan, inter alia, stating that no statue has to be installed for any Leader.

8. Government have issued G.O(Rt)No.22, Municipal Administration and Water Supply (M.A.S) Department, dated 20.11.1998, and it reads as follows :-

"G.O.(Rt) No.221, Municipal Administration and Water Supply (M.A.S) Department, Date : 20.11.98.

Read with

1. G.O.(Rt) No.1711, Rural Development and Panchayat Raj Department dated 26.10.79.

2. G.O.(Rt) No.193, Municipal Admn. and Water Supply Department dated 23.8.90.

3. G.O.(Rt) No.188, Municipal Admn. and Water Supply Department, dated 21.9.98.

ORDER

In the Government Order read first above, instructions had been issued to the local bodies regarding the payment of the amount required for the maintenance of the statue while erecting statues within the limits of the Urban Local Areas. In the order read secondly, orders had been issued regarding the necessity to make the statue with bronze. In the order read thirdly, an order had been issued restraining absolutely the erection of statue.

2. In the all Party Meeting that took place on 22.10.98 and 28.10.98 the following decisions were taken regarding the erection of a statue.

1. In future, if any statue to be erected, it should be done only with the prior permission of the Government.

2.