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2025 Supreme(Online)(Mad) 54678
IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M. SUBRAMANIAM, A.D.MARIA CLETE, JJ
Palsamy – Appellant
Versus
State of Tamil Nadu – Respondent
W.P(MD)No.3680 of 2025 | W.M.P(MD)No.2641 of 2025
For the Appellant: Mr.R.Senthil Kumar
For RR 1 to 4 & 6 to 8:Mr.R.Baskaran Additional Advocate General Assisted by Mr.P.Thilak Kumar Government Pleader
For R – 5: Mr.T.Senthil Kumar Additional Public Prosecutor
For R – 9:Mr.R.Baskaran Additional Advocate General Assisted by Mr.H.Arumugam
Statutory mandamus issued to prevent unauthorized statue installations in public spaces, emphasizing public rights over prior permissions.
Headnote:The case involves a Writ of Mandamus filed under Article 226 of the Constitution of India, which seeks to prevent the installation of a bronze statue of a former Chief Minister in a public place. The Court noted prior Supreme Court directives against unauthorized installations in public spaces. The Court directed that the responsible authorities must not permit such constructions that infringe on public rights. The Court's decision emphasized the establishment of 'Leaders Parks' for future statue placements. **Result**: The Writ Petition stands disposed of.
| Table of Content |
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| 1. mandamus granted to prevent the installation of a statue in a public market. (Para 1) |
| 2. government's obligation to ensure public space is not used for unauthorized statue installations. (Para 2 , 4) |
| 3. reliance on previous rulings reinforces restrictions against new installations in public areas. (Para 3 , 5) |
| 4. final order prohibits future permissions contrary to high court directives. (Para 6) |
| 5. the petition is disposed of with a directive for compliance. (Para 8) |
(Order of the Court was made by S.M.SUBRAMANIAM, J.)
The Writ of Mandamus has been instituted to direct the respondents to forbear from installing a bronze statue and name board of the former Chief Minister Mr.M.Karunanidhi (Late) near the Public Arch entrance of the Valliyoor Daily Vegetable Market situated in Main Road, Neela Bakery, Vadaku Valliyoor, Tirunelveli District, as per Tamil Nadu Government Letter No.RA VII(1)/1946/2019 dated 26.03.2019 based on the petitioner's representation dated
27.01.2025.
2.Mr.R.Baskaran, learned Additional Government Pleader, appearing through Video Conferencing, would submit that he has already discussed the matter with the respondent officials, who in turn, informed the learned Additional Advocate General that suitable instructions have been issued to the District Collector not to instal the statue of Dr.Kalaignar M.Karunanidhi in the market place, as per G.O.Ms.No.65, Municipal Administration and Water Supply Department, dated 29.04.2025.
3.Pertinently, the Hon'ble Supreme Court of India, in S.L.P(C)No.8519 of 2006 passed an order in rem directing that no further installation of any statue or construction of any structure in public roads, pavements, sideways and other public utility places are to be permitted. The Division Bench of the Madras High Court also passed orders. Relying on these orders, final orders have been passed in W.P.No.23140 of 2014 , dated 07.10.2021 and the following directions are issued:
“(1) The first respondent is directed to identify the statues and structures in all public places, Highways, Public Roads, Government lands, Meikal Poramboke lands, etc., within a period of three months from the date of receipt of a copy of this order and thereafter, evict / remove all encroachments / unauthorised illegal structures, statues in public places, Highways / Public roads / Government lands / Meikal Poramboke lands etc., by following the procedures as contemplated under the relevant Acts and Rules in force.
(2) The first respondent is directed not to grant any permission hereinafter for erection of any structure or statues in Highways, Public Places / Government Poromboke / Meikal Poromboke, affecting / infringing the rights of the common people.
(3) The first respondent is directed to issue comprehensive guidelines for grant of permission for erection of statues or structures.
(4) The first respondent is directed to identify lands for creation of required numbers of “Leaders Park” across the State of Tamil Nadu, for erection of new statues and for relocation /
replacement of existing statues, for which, permission has already been granted. Accordingly, the statues, structures, where permission is already granted, the said statues are to be re-
located in the “Leaders Park”.
(5) The first respondent is directed to maintain the statues /
structures after re-locating the same in the “Leaders Park” and the maintenance cost shall be recovered from the persons, who got permission for erection of such statues or structures. In case of non-payment of maintenance cost, the competent authorities shall recover such costs by invoking the Revenue Recovery Act. (It is made clear that relocation of the existing statues would arise only in cases, where permission was already granted by the competent authorities in accordance with law.)
(6) All the above directions are to be complied within a period of six months from the date of receipt of a copy of this order.”
4.Instead of installating statues of dedicated leaders in
