P.Karunanidhi v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.02.2025
CORAM:
THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY P.KARUNANIDHI S/O.PANDI "THE ABBOT AND FOUNDER"
"SHRI MADHAV SADAHIVRAO GOLWALKAR MUTT"
HAVING OFFICE AT DOOR NO. 586, KOZHI PANNAI SALAI, AYYAMPLAYAM POST, ATHIYANDAL VILLAGE, THIRUVANNAMALAI- 606 603.
... Petitioner Vs 1.
THE DISTRICT COLLECTOR, THIRUVANNAMALAI DISTRICT @ THIRUVANNAMALAI.
2.
THE SUPERINTENDENT OF POLICE, THIRUVANNAMALAI DISTRICT @ THIRUVANNAMALAI.
3.
THE TAHSILDHAR, THIRUVANNAMALAI TALUK, THIRUVANNAMALAI DISTRICT.
4.
THE PRESIDENT, ATHIYANDHAL VILLAGE PANCHAYAT, THIRUVANNAMALAI, THIRUVANNAMALAI DISTRICT.
... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus, directing the respondents to consider and dispose of petitioner's application dated 03.12.2024 for the erection of the 1/5
statues of Dr.Keshav Baliram Hedgewar and Guruji Madhav Sadashivarao Golwalkar at Survey No.25/2A3, Athiyandhal Village, Thiruvannamalai Taluk and District.
For Petitioner : Mr.N.Sathish Babu For R1 & R3 : Mr.R.Murthi Government Advocate For R2 : Mr.V.Meganathan Government Advocate (Crl.Side)
ORDER
This writ petition has been filed for a direction to the respondents to consider and dispose of the petitioner's application dated 03.12.2024 for the erection of the statues of Dr.Keshav Baliram Hedgewar and Guruji Madhav Sadashivarao Golwalkar at Survey No.25/2A3, Athiyandhal Village, Thiruvannamalai Taluk and District.
2. On perusal of the representation made by the petitioner, he states that the said survey number has been allotted to them by the president of the Panchayat. Therefore, the petitioner is seeking permission to install the statue. However, as the petitioner is a private trust and the land admittedly belongs to 2/5
the Government, the land cannot be assigned by the Panchayat President. Any assignment of the land shall be only as per the revenue standing orders and it can be made only by the Government. Therefore, if the petitioner seeks any assignment of land, the petitioner should only approach the Government.
3. As a matter of fact, the learned Government Advocate appearing for the respondents 1 and 3 would submit that assignment of land is not a matter of right and the Government will only consider it, if it is in accordance with the rules and if the concerned land is permitted to be assigned. That may be so, but the petitioner has not even approached the Government.
4. In view thereof, this writ petition is disposed of with liberty to the petitioner to approach the Government for assignment of land if he seeks any assignment. No costs.
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1.
THE DISTRICT COLLECTOR, THIRUVANNAMALAI DISTRICT @ THIRUVANNAMALAI.
2.
THE SUPERINTENDENT OF POLICE, THIRUVANNAMALAI DISTRICT @ THIRUVANNAMALAI.
3.
THE TAHSILDHAR, THIRUVANNAMALAI TALUK, THIRUVANNAMALAI DISTRICT.
4.
THE PRESIDENT, ATHIYANDHAL VILLAGE PANCHAYAT, THIRUVANNAMALAI, THIRUVANNAMALAI DISTRICT.
D.BHARATHA CHAKRAVARTHY, J.
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