The State cannot interfere with a citizen's right to erect a statue within private premises, and fundamental rights to faith and privacy are protected under the Constitution.

JUDGMENT

(Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for a Writ of Mandamus, directing the respondents 1 to 5 to remove the Tins Sheets and consequently permit the writ petitioner Mahasabai to unveil statue of great freedom fighter Veeran Azhagumuthu Kone within their private property viz., at Sri Gokulam Marriage Hall bearing Door No.70, East Raja Veedhi, Big Kancheepuram-2 in the land comprised in Survey No.1098, measuring 95.0 sq.mtrs = 11 ares situated at Ward No.4, Block No.15, Kancheepuram Taluk and District.)

1. This case involves a very short question, but the very significant right of a citizen: Whether the State can interfere with the Constitutional right to property of the citizen and cover a statute of a freedom fighter within the private property.

2. The petitioner is a registered Society. It has its private property in Sy.No.1098, Block No.15, Ward No.4 in Kancheepuram Taluk, where it has constructed a marriage hall. Within its property, it has erected a statue for Veeran Azhagumuthu Kone, a freedom fighter, and it was to be unveiled on 11.07.2023. While so, on the very date on which the inauguration was to take place, the revenue officials backed by the police, descended on the scene, entered the private premises of the petitioner, and directed the petitioner not to unveil the statue, and closed the same with tin sheets. The petitioner would then issue a representation dated 14.07.2023 to the respondents, requesting them to open the statue, but it was of no avail. Hence, this petition is filed seeking a direction to the respondents to remove the tin sheets, and to let the petitioner open the statue within its premises.

3. The action of the authorities was defended by the learned Special Government Pleader, who brought to the notice of the Court G.O.(Ms) No.183 Revenue Department, Land Disposal Wing (L.D.4(1)) Section dated 23.05.2017, which provides the following guidelines :

''8. The Government after careful examination have decided to issue the procedures to be followed and ordered as detailed below :-

i. If future, the request for installation of Statues as forwarded by the District Collector will be scrutinized by Rural Development & Panchayat Raj, Municipal Administration and Water Supply Department / Highways Department or by more than one departments as the case may be and recommendations be sent to the Revenue Department, which will be the Nodal Department in this regard. The final orders will be issued by the Revenue Department only after obtaining orders in Circulation from Hon''ble Chief Minister.

ii. It should, however, be borne in mind that, the Hon''ble Supreme Court in SLP(c)8519/2006 has ordered 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.

iii. Information and Public Relations Department will keep on maintaining the Installed Statues wherever they are maintaining now.

iv. Revenue Department being the Nodal Department, will hence forth (only for future installations and fresh cases) deal with the Court cases relating to installation of Statues. However, the Departments concerned will give necessary assistance as the case may be for scrutiny of Draft Counter Affidavit etc.,''

The learned Special Government Pleader submitted that since the petitioner has not obtained any permission as contemplated, the revenue officials were constrained to intervene.

4. Mr.N.L.Rajah, the learned Senior Counsel appearing for the petitioner took this Court through the decisions of this Court in P.Maniyarasan, General Secretary, Thamizh Thesa Poduvudamai Katchi Vs The Government of Tamil Nadu [2011(1) CWC 379], Ramadurai Vs The District Collector, Tirunelveli District [order dated 13.07.2015 in