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Madras High CourtWA(MD)/155/2022allowed

K.Karuppiah v. The District Collector

2025-03-06Honourable Mr Justice G.R.Swaminathan,Honourable Mr.Justice M.Jothiraman4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 06.03.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN and C.M.P.(MD)No.1580 of 2022 K.Karuppiah ... Appellant / Petitioner Vs 1.The District Collector, District Collector Office, Sivagangai District.

2.The Tahsildar, Thirupathur Block, Sivagangai District.

3.The Superintendent of Police, O/o.Superintendent of Police, Sivagangai District.

4.The Inspector of Police, Keelasevalpatti Police Station, Sivagangai District.

5.The President, Therku Ilayathankudi Panchayat, Thiruppathur Taluk, Sivagangai District.

... Respondents / Respondents 1/4

PRAYER: Writ Appeal filed under Clause 15 of Letters Patent, praying this Court to set aside the order dated 05.01.2022 in W.P.(MD)No.20927 of 2021.

For Appellant : Mr.G.Prabhu Rajadurai For Respondents : Mr.K.Balasubramani Special Government Pleader for R1 & R2 : Mr.G.V.Vairam Santhosh Additional Government Pleader for R3 & R4

ORDER

(Order of the Court was made by G.R.SWAMINATHAN, J.) Heard both sides.

2. The writ petitioner herein had installed the statue of late.leader Shri.Pasumpon Muthuramalinga Thevar within the confines of his house. However, the statue is facing road side and the statue is made up cement. The petitioner for reasons that are not quite clear approached the District Collector, Sivagangai seeking advice. Instead of giving advice, the District Collector, Sivagangai issued the order dated 08.11.2021 calling upon the petitioner to remove the statue itself and replace the bronze 2/4

statue within 30 days as per G.O.Ms.No.183 dated 23.05.2017 on the ground that permission has not been obtained. Challenging the same, the petitioner filed W.P.(MD)No.20927 of 2021. The writ petition was dismissed vide order dated 05.01.2022. Challenging the same, this writ appeal has been filed.

3. It is not in dispute that the issue raised in this writ appeal is squarely covered by the order of this Court rendered in W.A.(MD)No. 1386 of 2022 dated 28.02.2022. The learned counsel for the appellant also draws our attention to another Judgment of the Hon'ble Division Bench rendered in W.A.(MD)Nos.1079 & 1402 of 2016 dated 14.06.2017.

4. In this view of the matter, the impugned order is set aside. The Writ Appeal is allowed as prayed for. No costs. Consequently, connected miscellaneous petition is closed.

(G.R.S., J.) (M.J.R., J.) 06.03.2025 Index : Yes / No Internet : Yes / No NCC : Yes / No rmi 3/4

G.R.SWAMINATHAN, J.

AND M.JOTHIRAMAN, J.

rmi To 1.The District Collector, District Collector Office, Sivagangai District.

2.The Tahsildar, Thirupathur Block, Sivagangai District.

3.The Superintendent of Police, O/o.Superintendent of Police, Sivagangai District.

4.The Inspector of Police, Keelasevalpatti Police Station, Sivagangai District.

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