Shanmugam. S v. The Additional Chief Secretary To The Govt.
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.09.2021
CORAM
THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY W.P(MD).No.17597 of 2021 S.Shanmugam ... Petitioner Vs.
1.The Additional Chief Secretary to the Government, Revenue Department, Secretariat, Chennai - 600 009.
2.The District Collector, 3.The Commissioner, Pudukkottai Municipality, 4.The Superintendent of Police,
...Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the first respondent to consider the representation of the petitioner dated 03.09.2021 and to pass an order within a time frame as fixed by this Court.
For Petitioner : Mr.N.Satheesh Kumar For Respondents : Mr.P.Subbaraj Counsel for State
ORDER
The petitioner seeks a direction to the first respondent to consider his representation dated 03.09.2021 in relation to the installation of a statue of a former Chief Minister of the State. 2.The petitioner states that he holds the post of District Youth Wing Organizer in Pudukkottai District of the Dravida Munnetra Kazhagam Party.
On 21.10.2020, it is stated he made a 1/3
representation to respondents 2 to 4 seeking permission to erect the statue of the former Chief Minister in the Pudukkottai Urban Area. On 03.09.2021, he made a representation to the first respondent. The present writ petition is filed on account of the alleged failure to respond thereto.
3.Mr.P.Subbaraj, learned counsel for the State, accepts notice on behalf of all the respondents.
4.The decision as to whether a statue should be permitted to be erected and, if so, the location at which such statue may be installed is a matter squarely within the executive domain. Indeed, it cannot be said that there is a statutory duty in such regard imposed on the first respondent. Nonetheless, a representation has been submitted by the petitioner and it is open to the first respondent to deal with such representation and issue a response in such regard to the petitioner.
5.With the above observations, W.P.(MD).No.17597 of 2021 is disposed of by leaving it open to the first respondent to respond to the representation dated 03.09.2021 in accordance with law. However, there shall no order as to costs.
Sd/- Assistant Registrar (A.D.II) // True Copy // / /2021 Sub Assistant Registrar(CS) sn/sji Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
To 1.The Additional Chief Secretary to the Government, Revenue Department, Secretariat, Chennai - 600 009.
2.The District Collector, 3.The Commissioner, Pudukkottai Municipality, 2/3
4.The Superintendent of Police, +1 CC to M/s.SPL.GP ( SR-30876[F] dated 01/10/2021 ) W.P(MD).No.17597 of 2021 30.09.2021 RD(11.10.2021) 3P 6C 3/3