Mr.Garkey, B.A., B.L., v. State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.06.2023
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI Garkey ... Petitioner Vs.
1.State of Tamil Nadu Rep. by its Secretary to Government Home Department, Fort St.George, Chennai - 600 009.
2.The Commissioner of Police Coimbatore and District.
3.The District Collector Coimbatore District, Coimbatore.
... Respondents Prayer:
Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus calling for the entire records connected with the impugned order of the third respondent made in Na.Ka.No.28026/2014/E2 dated 03.12.2018 and quash the same and consequently, direct the third respondent to grant permission for the installation of bronze statue of Dr.B.R.Ambedkar in any of the places in Coimbatore City based on the petitioner's representation dated 02.12.2013 within a time frame fixed by this Hon'ble Court. 1/4
For Petitioner : M/s.S.Sathia Chandran For Respondents : Mr.V.Manoharan Additional Government Pleader
O R D E R
The petitioner has filed this writ petition seeking issuance of Writ of Certiorarified Mandamus calling for the entire records connected with the impugned order of the third respondent made in Na.Ka.No.28026/2014/E2 dated 03.12.2018 and quash the same and consequently, direct the third respondent to grant permission for the installation of bronze statue of Dr.B.R.Ambedkar in any of the places in Coimbatore City based on the petitioner's representation dated 02.12.2013 within a time frame fixed by this Court. 2.The case of the petitioner is that the petitioner made representation to the respondents seeking permission for installation of bronze statue of Dr.B.R.Ambedkar in any of the places in Coimbatore City, however, the same was rejected by the respondent. Hence, this writ petition.
3.The learned counsel appearing for the petitioner submitted that recently the Government issued Circular dated 26.03.2019 based on the direction issued by the Hon'ble Apex Court in SLP No.8519 of 2/4
2006 dated 02.05.2006 and in view of the above, this Court may grant liberty to the petitioner to make fresh representation seeking permission for installation of bronze statue of Dr.B.R.Ambedkar, by identifying un-objectionable land to the Authorities. 4.In view of the above, this Court grants liberty to the petitioner to make fresh representation to the respondents seeking permission for installation of bronze statue of Dr.B.R.Ambedkar, by identifying un-objectionable land or patta land. If any such representation is made by the petitioner, the respondents shall consider the same in the light of the Circular dated 26.03.2019 and pass appropriate orders, as expeditiously as possible.
5.The writ petition is disposed of with the above observation. No costs.
15.06.2023 pri Speaking Order/ Non Speaking Order Index: Yes/ No Internet: Yes/ No M.DHANDAPANI,J.
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pri To 1.The Secretary to Government Home Department, Fort St.George, Chennai - 600 009.
2.The Commissioner of Police Coimbatore and District.
3.The District Collector Coimbatore District, Coimbatore.
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