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2026 Supreme(Online)(Mad) 26580

IN THE HIGH COURT OF JUDICATURE AT MADRAS
S. M. Subramaniam, K. Surender, JJ
M.Gopal – Appellant
Versus
The District Collector – Respondent
WP No. 36485 of 2025 | WMP No. 40777 of 2025



Advocates:
For the Appellants/Petitioners: Mr.N.Abiragan
For the Respondents: Mr T Arun Kumar, Addl.G.P. for R1, Mr. D.B.R. Prabhu, Standing Counsel for GCC for R2, Mr. Babu Muthu Meeran, Addl.P.P. for R3, Mr.R.Siva for R4

The court affirms the Supreme Court's prohibition on erecting statues in public spaces, emphasizing legal compliance and protection of citizens' rights.

Headnote:(A) Constitution of India - Right to freedom of movement and lawful assembly - Statues in public spaces - The court reiterated the Supreme Court's prohibition against installation of statues in public roads, emphasizing the need to protect citizens' rights and ensure free traffic flow. (Paras 2, 3, 4)

(B) Writ of Mandamus - Scope and remedies - The petitioner seeks a directive for the removal of an unlawfully erected statue in a public area, aligning with the recent guidelines by the government for the formation of 'Leaders Park' for such installations. (Paras 1, 5)

Facts of the case:
The petitioner sought immediate removal of a statue erected by the 4th respondent without necessary permissions, consistent with local opposition and Supreme Court directives.

Findings of Court:
Respondents are directed to relocate the statue to a designated park free from public obstruction within four months.

Issues: The court addressed lawful authority in statue installation and the violation of existing prohibitions.

Ratio Decidendi: The court highlighted the conflict between public obstruction and constitutional rights, insisting the state must adhere to Supreme Court directives.

Result: Writ petition disposed of; respondents directed to act within stipulated timeframe.

Table of Content
1. legal backdrop for statue installation regulations (Para 1 , 2)
2. importance of leaders park for statue placement (Para 3)
3. government guidelines for public space obstructions (Para 4)
4. order for statue relocation completion timeframe (Para 5)

(Order of the Court was made by S.M.Subramaniam J.)

Writ of Mandamus has been instituted to direct the respondents 1 to 3 to immediately remove the encroachment (the statue of the political leader with its concrete pedestal) put up by the 4th respondent without obtaining any statutory permission or approval from the respondents 1 to 3 forthwith.

2. The Hon’ble Supreme Court of India passed an order of prohibition to install/construct statues in public roads. Despite the orders, several such statues are constructed. In the present case, a statue of a leader has been installed in front of Vinayakar Temple which is being objected by the people in that locality as well as the devotees.

3. This Court has passed orders for shifting of statues from roads, public places etc. by creating “Leaders Park” for the benefit of the people and by providing an opportunity to the political parties to install the statues of their respective leaders in a common park. Such position has been reiterated by the Division Bench of this Court in the order passed in W.P.(MD)No.3680 of

2025 dated 03.06.2025. Paragraph No.5 of the said order reads as under.

“5.The formation of “Leaders Park” would be of much benefit to the youth of this Country, as they can learn about the ideas and ideologies of those leaders. Instead of making concrete efforts for the formation of “Leaders Park”, the Government cannot issue orders granting permission to instal statues in public places. On account of heavy traffic congestion and other mitigating factors, the general public are put to hardship in the event of granting such permission to erect statues in public places. The rights of the citizens, in all respects under the Constitution, is to be protected by the State. When the Supreme Court of India has passed an order in rem not to grant any permission to instal statue in public places, the State Government cannot pass any orders granting any such permission.”

4. The Government has also issued guidelines in G.O.Ms.No.629, Revenue and Disaster Management Department dated 16.09.2025. The authorities are directed to work in tandem so as to ensure that the obstructions in public roads, in front of religious institutions are removed and statues or structures are shifted to any other specified park or area enabling the people to visit the same in a peaceful manner and without causing any obstruction for free flow of traffic, Roads etc.

5. In view of the above position, the respondents are directed to shift the statue to any other park or common area which would not cause any obstruction to the people and road users etc. The said exercise is directed to be completed within a period of four months from the date of receipt of a copy of this order. Accordingly, the Writ Petition stands disposed of. No costs.

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