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N. SESHASAYEE
Tamil Nadu Yadava Mahasabai, Kancheepuram District, Rep by its District Secretary – Appellant
Versus
State : Rep by its The District Collector, Kancheepuram – Respondent
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
Individuals have the right to install statues of revered figures on their private property without needing permission from the authorities, as there is no statutory provision or rule governing the in....
The Court upheld that the installation of a statue on private property constitutes a fundamental right under Articles 19(1)(a) and 21, and cannot be regulated by the State without lawful justificatio....
The right to install a statue on private property does not require prior permission from authorities, as there is no governing statute restricting such actions.
The constitutional mandate for a casteless society justifies the refusal to permit statue erection based on caste implications.
The court cannot adjudicate ownership disputes under Article 226 and emphasizes the need for civil court remedies for such matters.
The installation of statues by municipal authorities falls within their discretionary powers under the Maharashtra Municipal Corporation Act, and such actions are justified when they serve public saf....
The absence of objections and compliance with relevant guidelines and previous court rulings can support the allowance of a petition for installing statues of public figures on private property.
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