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Madras High CourtWP/18515/2020disposed of

Ambeth Rajan Former M.P (R/S) v. The Secretary To Govenment

2021-03-10Honourable Mr Justice Abdul Quddhose2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.03.2021

CORAM

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P. No.18515 of 2020 Ambeth Rajan, Former M.P .... Petitioner Vs.

1. The Secretary to Government, Home Department, Government of Tamil Nadu, Fort St.Goerge, Chennai 600 009.

2. The District Collector, Nagapattinam District, Nagapattinam - 609 001.

3. The Executive Officer, Tharangampadi Municipality, Tharangampadi - 609 313 ...

Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of mandamus, directing the second respondent to give permission to erect the full size bronze statue of father of our Indian Constitution Dr.B.R.Ambedkar in the own land of petitioner's son bearing Survey No.192/5, patta No.1521, 69, Porayur Village, Rajivpuram Main Road, Tharangambadi Taluk, Nagapattinam District by considering the petitioner's representation dated 18.08.2020. For Petitioner : Mr.M.Palanimuthu For Respondents : Mr.V.Shanmugasundar, Special Government Pleader

ORDER

This Writ Petition has been filed for a mandamus seeking for a direction to the second respondent to give permission to erect the bronze statue of the father of our Indian Constitution Dr.B.R.Ambedkar in the land owned by the petitioner's son by considering the petitioner's representation dated 18.08.2020.

2. It is the case of the petitioner that he desires to erect a bronze statue of Dr.B.R.Ambedkar in his son's land bearing Survey No.192/5 at 69, Porayur Village, Rajivpuram Main Road, https://hcservices.ecourts.gov.in/hcservices/

Tharangambadi Taluk, Nagapattinam District. He has given a representation to the second respondent on 18.08.2020 seeking permission to erect the said statue.

Since the said representation has not been considered, this Writ Petition has been filed.

3. Heard Mr.M.Palanimuthu, learned counsel for the petitioner and Mr.V.Shanmugasundar, learned Special Government Pleader appearing for the respondents.

4. The relief sought for in this writ petition is an innocuous one. The petitioner claims that the aforementioned property is owned by his son. He desires to erect a bronze statue of Dr.B.R.Ambedkar, the Father of our Indian Constitution in the aforementioned property. He has given a representation to the second respondent on 18.08.2020 seeking permission for erection of the said statue. Admittedly, the said representation has not been considered till date.

5. No prejudice will be caused to the respondents, if the representation of the petitioner is considered on merits and in accordance with law, after hearing all the necessary parties. 6.

For the foregoing reasons, this Court directs the second respondent to consider the petitioner's representation dated 18.08.2020 seeking permission to erect the statue of Dr.B.R.Ambedkar, the Father of our Indian Constitution, in his son's property at Survey No.192/5 at 69, Porayur Village, Rajivpuram Main Road, Tharangambadi Taluk, Nagapattinam District and pass final orders on merits and in accordance with law, after hearing all the necessary parties, including the petitioner, within a period of 12 weeks from the date of receipt of a copy of this order. No costs.

Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar srn To

1. The Secretary to Government, Home Department, Government of Tamil Nadu, Fort St.Goerge, Chennai 600 009.

2. The District Collector, Nagapattinam District, Nagapattinam - 609 001.

3. The Executive Officer, Tharangampadi Municipality,Tharangampadi - 609 313 +1cc to Mr.M.PlaniMuthu , Advocate SR.No. 15353 W.P. No.18515 of 2020 A.SK(30.03.2021) https://hcservices.ecourts.gov.in/hcservices/