Back
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
N.ANAND VENKATESH
Bharathiya Janatha Party Rep. by Virudhunagar East District President G. Pandurangan – Appellant
Versus
District Collector, Virudhunagar – Respondent
| Table of Content |
|---|
| 1. petitioner seeks rights to statue installation. (Para 1 , 2 , 3) |
| 2. state’s stance on statue removal and guidelines. (Para 4 , 6) |
| 3. private property rights and state regulation. (Para 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15) |
| 4. expression of nationalism through statues. (Para 16 , 17 , 18) |
| 5. freedom of expression concerning national symbols. (Para 19) |
| 6. court orders restoration of statue to petitioner. (Para 20 , 21 , 22) |
ORDER :
N. ANAND VENKATESH, J.
1. This writ petition has been filed by the Bharathiya Janatha Party represented by its District President seeking for the issue of a writ of mandamus directing the second respondent to hand over the Bharatha Matha statue to the petitioner and to further forbear the respondents from interfering with the rights of the petitioner to install the statue of Bharatha Matha inside the party office premises situated at Survey No. 328/1B2, Kottaipatti Village, Virudhunagar District.
2. The case of the petitioner is that the Bharathiya Janatha Party is a national level political party recognized by the Election Commission of India. A property was purchased in the name of the political party through a registered sale-deed dated 28.04.2
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 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 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 constitutional mandate for a casteless society justifies the refusal to permit statue erection based on caste implications.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
