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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
G.R.SWAMINATHAN, M.JOTHIRAMAN, JJ
Balasubramani, S/o. Govindan – Appellant
Versus
District Collector, Virudhunagar District, Virudhunagar – Respondent
JUDGMENT :
G.R. SWAMINATHAN, J.
The only question that calls for determination is whether permission from the authorities has to be obtained for installing statues in one's patta land.
2. The petitioner wants to erect a bronze statue for Thiagi Immanuel Sekaran at Amaichiyarpatti Village. According to the petitioner, a clay statue was there originally and that they only want to replace the same. The learned Special Government Pleader would however contest this statement and point out that the clay statue was in some other place and that without any prior permission, a bronze statue has now been installed. Since the authorities had declined permission to install the statue, the appellant filed W.P.(MD)No. 22120 of 2022. The appellant did not get relief in the writ petition. The learned single Judge was of the view that in view of the G.O.(Ms)No.183 Revenue Department dated 23.05.2017, without permission from the authorities concerned, the statue cannot be installed. Aggrieved by the said decision, the present appeal has been filed.
3. The learned Special Government Pleader as well as the learned Additional Government Pleader would point out that installation of the statue as requested b
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.
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 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.
The constitutional mandate for a casteless society justifies the refusal to permit statue erection based on caste implications.
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