ORDER

The petition has been filed praying for a direction to the respondents to consider and permit the petitioner to unveil the Dr.Ambedkar statue erected in RS.No.123/11 pt, Class Street, Neravy Commune Panchayat, Karaikal, Union Territory of Puducherry and to provide adequate police protection for inauguration of the statue.

2. The case of the prosecution is that the library situated at RS No.123/11 pt, Class Street, Neravy Commune Panchayat, Karaikal, Union Territory, Pondicherry was in a dilapidated condition and the water from the nearby drainage used to flood the library during the rainy season which weakened the stability of the building. Therefore, the petitioner who is the follower of Dr.B.R.Ambedkar renovated the library building and put up the statue of Dr.B.R.Ambedkar in the first floor of the library. After completion of library building, the petitioner decided to inaugurate the said building and unveil the statue of Dr.B.R.Ambedkar on 06.12.2019 which is being the death anniversary of Dr.B.R.Ambedkar. While being so, on 02.12.2019, the fourth respondent passed the order under Section 144 of Cr.P.C. restraining the petitioner from inaugurating the library to open the statue on 06.12.2019. However, the said order was valid only for two months and thereafter it is not extended by the Government of Pondicherry. Therefore, the petitioner made a representation on 09.06.2020 to the third respondent for permission to open the library and to install statue therein. It is even till today not considered and it is pending.

3. Heard, Mr.N.G.R.Prasad, the learned counsel appearing for the petitioner and Mr.V.Balamurugane, Public Prosecutor (Puducherry) appearing for the respondents.

4. On perusal of the counter filed by the fourth respondent revealed that by the report dated 27.11.2019 of the Commissioner, Commune Panchayat, Neravy revealed that “U” drain adjacent to the statue has been illegally blocked without permission from the concerned authorities. Further report dated

02.12.2019 of the Tahsildar, Taluk Office, Karaikal revealed that an RCC structure has been raised with a staircase above which, the statue of Dr.B.R.Ambedkar has been installed in standing position. The said statue and the structures associated with it were constructed by petitioner herein. The survey report of the Assistant Director, Branch Survey Office, Karaikal revealed that the said structures were built in the land comprised in RS.No.122/3 pt, 123/11 part of 31-Neravy Revenue Village, Karaikal. In RS.No.122/3 pt to an extent of 00.00.09 hectares has been mentioned as Government poramboke pathway and the land comprised in R.S.123/11 pt to an extent of 00.00.20 hectares is assessed in the name of one, Ismail Nachiyal W/o. Mohamed Kasim under patta No.10 as per the Settlement Register. Therefore, the petitioner had no title over the property and he encroached the Government land and private patta land and put up construction. Further, on the field enquiry by the revenue authorities found that there is likelihood of breach of peace and tranquility in Classepet, Neravy village due to existence of the said statue. Therefore, the prohibitory order was passed under Section 144 of Cr.P.C. on 02.12.2019 preventing the activities involving installation, inauguration, construction and garlanding of any statue in public places situated at Niruvi Commune Panchayat.

5. On perusal of the records also revealed that as per field inspection report, the library and the statue situated in private land as well as Government Poramboke land. However, the learned counsel appearing for the petitioner submitted that the petitioner was gifted with the land comprised in survey No.123/11 part on 07.06.1973 by one, M.Hidayathulla. In fact, the said Hidayathulla sold the remaining land in favour of Ismail Nachiyal where she claims title over the land in which library as well as statue are situated. If any surveyor surveys the land it will come to light that the land belongs to whom.

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