Yathavar Desiya Peravai v. The Secretary to Government
WP(MD)/1270/2024 · 2026-07-15
C Saravanan
Transfer Petitionbody2024
DailyLaw.ai
[ 2024 DAILYLAW 4842 (MAD) · dailylaw.ai ]
DailyLaw.ai
[ 2024 DAILYLAW 4842 (MAD) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
W.P.(MD) No.1270 of 2024 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.07.2026 CORAM
THE HON'BLE MR.JUSTICE C.SARAVANAN W.P.(MD)No.1270 of 2024 Yathavar Desiya Peravai, Represented by its State General Secretary, A.Karanthamalai Kannan Yadav, S/o.Alalgu Konar, No.15, Jawaharlalpuram Alagarkovil Main Road, Suryanagar Bus Stop, Madurai.
... Petitioner Vs. 1.The Secretary to Government, Department of Revenue Administration and Disaster Management, Secretariat, Fort St. George, Chennai - 600 009. 2.The District Collector, Madurai District, Madurai. 3.The Commissioner, Madurai Corporation, Madurai. 4.The Commissioner of Police, Madurai City, Madurai. 5.The District Revenue Officer, Madurai. _____________ Page No. 1 of 6 https://www.mhc.tn.gov.in/judis
W.P.(MD) No.1270 of 2024 6.The Revenue Divisional Officer, Madurai Revenue Division, Madurai. 7.The Tahsildar, Madurai North Taluk, Madurai. 8.The Divisional Engineer (Highways), Construction and Maintenance, Thamarai Thotti, Madurai – 2. 9.The Executive Engineer (Planning), Madurai Corporation, Madurai. ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus directing the second respondent to forward all the reports obtained from the concerned authorities to the first respondent and in consequence thereof direct the first respondent to grant permission to erect Bronze Statue of ''Maveeran Alagumuthu Kone Bronze Statue'' at Junction of Ring Road and Melur Road, Near Meenatchi Mission Hospital, Madurai, or any other alternative place in Madurai by considering the petitioner's representation dated 19.12.2023, within time stipulated by this Court. For Petitioner : Mr.J.Lawrance For R1, R2 & R5 to R8 : Mr.R.Parthiban Government Standing Counsel For R3 : Mr.K.K.Kannan Standing Counsel For R4 : Mr.P.Vetrivel
Government Advocate (Criminal side) _____________ Page No. 2 of 6 https://www.mhc.tn.gov.in/judis
W.P.(MD) No.1270 of 2024
ORDER The petitioner appears to be a registered Society espousing the cause of a particular community in the State. It seeks permission to install a bronze statue of Maveeran Alagamuthu Kone. The law governing the installation of statues in public places has attained considerable clarity. A reference is made to the judgment of the Hon'ble Supreme Court in Union of India v. State of Gujarat and Others, (2011) 14 SCC 62, which has been followed by this Court in A.Mohan Balaji v. The Chief Secretary, Government of Tamil Nadu and Another [W.P.(MD)No.17460 of 2018, dated 03.04.2024]. Paragraphs 4 and 5 of the decision of the Hon'ble Supreme Court read as follows: ''4. We have heard the learned counsel for the parties. Looking to the far-reaching implications and consequences of the orders of this Court, on the oral request of the learned Solicitor General of India, we deem it appropriate to implead all the States and the Union Territories as the respondents to this petition. The Registry is directed to issue notices to all the States and the Union Territories within three days. The Union of India is
directed to supply the entire set of papers to all the Standing Counsel appearing for the State Governments and the Union Territories. The States and the Union Territories may file replies within four weeks and the Union of India is granted liberty to file rejoinder within two weeks thereafter.
5. As an interim measure, we direct that henceforth no unauthorised construction shall be carried out or permitted in the name of temple, church, mosque or gurdwara, etc. on public streets, public parks or other public places, etc. In respect of the _____________ Page No. 3 of 6 https://www.mhc.tn.gov.in/judis
W.P.(MD) No.1270 of 2024 unauthorised construction of religious nature which has already taken place, the State Governments and the Union Territories shall review the same on case-to-case basis and take appropriate steps as expeditiously as possible.'' Thus, the Government is bound by the decision of the Hon'ble Supreme Court.
2. In the light of the above, the second respondent is directed to consider the petitioner's request in the light of G.O.(Ms)No.183, Revenue Department, Land Disposal Wing (LD4(1)) Section, dated 23.05.2017.
3. While considering and disposing of the petitioner's representation, the second respondent shall also keep in mind the
judgment of the Division Bench of this Court dated 11.03.2026 in Madurai Mavatta Devendra Kula Vellalar Uravinmurai Sangam v. The Government of Tamil Nadu and Others (W.P.No.194 of 2020), as well as the order passed by this Court dated 03.04.2024 in A.Mohan Balaji's case, referred to supra.
4. The Writ Petition stands disposed of accordingly. There shall be no order as to costs.
NCC : Yes / No 15.07.2026 smn2
_____________ Page No. 4 of 6 https://www.mhc.tn.gov.in/judis
W.P.(MD) No.1270 of 2024 To 1.The Secretary to Government, Department of Revenue Administration and Disaster Management, Secretariat, Fort St. George, Chennai - 600 009. 2.The District Collector, Madurai District, Madurai. 3.The Commissioner, Madurai Corporation, Madurai. 4.The Commissioner of Police, Madurai City, Madurai. 5.The District Revenue Officer, Madurai. 6.The Revenue Divisional Officer, Madurai Revenue Division, Madurai. 7.The Tahsildar, Madurai North Taluk, Madurai. 8.The Divisional Engineer (Highways), Construction and Maintenance, Thamarai Thotti, Madurai – 2. 9.The Executive Engineer (Planning), Madurai Corporation, Madurai. _____________ Page No. 5 of 6 https://www.mhc.tn.gov.in/judis
W.P.(MD) No.1270 of 2024 C.SARAVANAN
, J.
smn2 W.P.(MD) No.1270 of 2024 15.07.2026 _____________ Page No. 6 of 6 https://www.mhc.tn.gov.in/judis