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Madras High CourtWP(MD)/8387/2019allowed

P.Ramasamy, v. The District Collector,

2019-04-30Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.04.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.8387 of 2019 1.P.Ramasamy 2.P.Karuppasamy ... Petitioners Vs.

1.The District Collector, Office of the District Collector, Theni District.

2.The Superintendent of Police, O/o.Superintendent of Police, Theni District.

3.The District Revenue Officer, Collectorate, Theni, Theni District.

4.The Revenue Divisional Officer, O/o.Revenue Divisional Office, Thamaraikulam, Periyakulam Post, Theni District.

5.The Tahsidlar, Andipatti Taluk Office, Andipatti, Theni District.

6.The Block Development Officer, O/o.Block Development Office, K.Mayiladum Parai, Andipatti Taluk, Theni District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, to call for the records relating to impugned order dated 23.10.2018 in Na.Ka.No.132/2018/C2 by the first respondent and quash the same as illegal.

For Petitioners : Mr.R.Senthil Kumar For Respondents : Mr.M.Karuppasamy Government Advocate

ORDER

Heard the learned counsel on either side.

2.The writ petitioners want to install the statue of their father. The writ petitioners' father appears to have been a priest in a private temple. He is not a caste or religious leader.

3.Therefore, I am of the view that installation of the statue in question cannot invite any public controversy. The learned counsel appearing for the petitioners asserts that there is no opposition to the request of the petitioners. The writ petitioners want to install the statue in Survey No.1266/1, Kadamalaikundu Village, Andipatti Taluk. This Court wanted to know that whether the said land belongs to the writ petitioners' family. It is stated that the said land belongs to the writ petitioners' family.

4.In this view of the matter, the order impugned in this writ petition is quashed and the first respondent is directed to issue proceedings permitting the petitioners to install the statue in question. It is made clear that the writ petitioners will be responsible for the maintenance and safety of the statue. 5.This writ petition is allowed accordingly. No costs. Sd/- Assistant Registrar (CO) // True Copy // Sub Assistant Registrar(CS) skm To 1.The District Collector, Office of the District Collector, Theni District.

2.The Superintendent of Police, O/o.Superintendent of Police, Theni District.

3.The District Revenue Officer, Collectorate, Theni, Theni District.

4.The Revenue Divisional Officer, O/o.Revenue Divisional Office, Thamaraikulam, Periyakulam Post, Theni District.

5.The Tahsidlar, Andipatti Taluk Office, Andipatti, Theni District.

6.The Block Development Officer, O/o.Block Development Office, K.Mayiladum Parai, Andipatti Taluk, Theni District. +1CC TO MR.R.SENTHIL KUMAR, Advocate Sr. No.65139 W.P.(MD)No.8387 of 2019 30.04.2019 NRK(CO) TR (04.06.2019) 3P 8C