Research › Search › Judgment

Madras High Court · body

2026 DAILYLAW 50955 (MAD)

The District Collector v. Ondiveeran Pagadai Charitable Trust

WA(MD)/993/2026 · 2026-07-14

C V Karthikeyan, R Sakthivel

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

WA(MD)No.993 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 14.07.2026 CORAM THE HONOURABLE MR. JUSTICE C.V.KARTHIKEYAN AND THE HONOURABLE MR. JUSTICE R. SAKTHIVEL WA(MD)No.993 of 2026 and CMP(MD)No.8839 of 2026 1.The District Collector, Tenkasi District, Tenkasi. 2.The Superintendent of Police, Tenkasi District, Tenkasi. 3.The Revenue Divisional Officer, Sankarankovil, Tenkasi District. 4.The Tahsildar, Sivagiri Taluk, Tenkasi District. : Appellants/Respondents Vs Ondiveeran Pagadai Charitable Trust, Rep. by its Trustee, M.Arumugam, S/o.Muniyandi, D.No.6/73B, Arundhathiyar Street, Pacheri, Nelkattum Seval Village, 1/6 https://www.mhc.tn.gov.in/judis WA(MD)No.993 of 2026 Sivagiri Taluk, Tenkasi District. : Respondent/Writ Petitioner PRAYER :- Writ Appeal is filed under Clause 15 of the Letter Patent, to set aside the order dated 27.11.2025 passed by this Court in W.P.(MD)No. 34462 of 2025. For Appellants : Mr.S.I.Muthiah Counsel for the State of TN For Respondent : Mr.M.Thirunavukkarasu JUDGMENT (Judgment of the Court was made by C.V.Karthikeyan, J.) The respondents, in W.P.(MD)No.34462 of 2025, aggrieved by the order of the learned Single Judge of this Court dated 27.11.2025, by which the learned Single Judge had issued certain directions and partly allowed the writ petition filed by the respondent/writ petitioner, are the appellants herein. 2.The respondent had filed the said writ petition in the nature of a Writ of Certiorarified Mandamus seeking to call for the records relating 2/6 https://www.mhc.tn.gov.in/judis WA(MD)No.993 of 2026 to an online undated order of the District Collector, Tenkasi, and to quash the same and direct the respondents in the writ petition to grant permission to build a memorial hall and to install the statue of freedom fighter, Ondiveeran, on the land in S.No.375/4 of Nelkattum Seval Village, Vasudevanallur, Tenkasi District. 3.It is the case of the respondent herein/writ petitioner that they are a trust formed by persons belonging to the Arunthathiyar Community. They had taken a decision to construct a memorial hall for the freedom fighter, Ondiveeran, and to install his statue in a patta land. It had been contended that permission to install a statue in a private land is not required. But, however, the permission was not granted, necessitating the filing of the writ petition. The learned Single Judge, in his order, had issued the following directions: “....4. The petitioner is permitted to submit a formal application to the District Collector, Tenkasi. The District Collector, Tenkasi will grant permission for installing the statue but also impose appropriate conditions. The petitioner will have to necessarily adhere to those conditions. Such an order shall be 3/6 https://www.mhc.tn.gov.in/judis WA(MD)No.993 of 2026 passed by the first respondent within a period of twelve weeks from the date of receipt of a copy of this order. As regards the construction of the memorial building, permission will have to be necessarily obtained from the jurisdictional authorities.” 4.It is the contention on the side of the appellants that even to install statues in private patta land, certain conditions have to be satisfied, and only upon such satisfaction could permission be granted. 5.The learned counsel for the respondent, however, drew notice to the fact that, consistently, whenever permission is sought to install statues in private land, the courts have directed that permission should be granted unless there are expectional and extraordinary circumstances. In this connection, reference had been made to earlier orders passed by the learned Single Judge of this Court in Manimegalai Vs. The District Collector and others [W.P.(MD)No.33478 of 2025, dated 21.11.2025] and P.Maniyarasan Vs. The Government of Tamil Nadu reported in 2011 (1) CWC 379. 4/6 https://www.mhc.tn.gov.in/judis WA(MD)No.993 of 2026 6.It is stated that, subsequent to the order of the learned Single Judge, the writ petitioner had submitted a formal application to the District Collector, Tenkasi. The District Collector, Tenkasi, may therefore, examine the said application and pass appropriate orders after taking into consideration all relevant factors. Necessary orders to be passed on or before 31.07.2026. 7.With the above directions, the Writ Appeal stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. (C.V.K., J) & (R.S.V., J) 14.07.2026 sji To 1.The District Collector, Tenkasi District, Tenkasi. 2.The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai. 5/6 https://www.mhc.tn.gov.in/judis WA(MD)No.993 of 2026 C.V.KARTHIKEYAN, J. and R.SAKTHIVEL, J. sji ORDER IN WA(MD)No.993 of 2026 Date : 14.07.2026 6/6 https://www.mhc.tn.gov.in/judis