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Madras High CourtWP(MD)/27319/2022disposed of

Muthupandi. S v. The State Of Tamilnadu

2024-12-03Honourable Mr Justice M.S. Ramesh,Honourable Dr.Justice A.D.Maria Clete4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.12.2024 CORAM :

THE HONOURABLE MR.JUSTICE M.S.RAMESH and THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE S.Muthupandi ... Petitioner vs.

1. The State of Tamilnadu, Represented by its Secretary, Department of Revenue, Secretariat, Chennai - 09.

2. The District Collector, Office of the District Collector, Virudhunagar District.

3. The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Aruppukottai, Virudhunagar District.

4. The Tahsildar, Office of the Tahsildar, Thirichuli, Virudhunagar District.

... Respondents Prayer : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order dated 09.10.2019 in O.Mu.A2/5706/2019 on the file of the Page No.1 of 4

respondent No.4 and quash the same as illegal and consequently direct the respondents to install a statue with museum and library of Maruthu Brothers at Mukkulam Village, Tirichuli Taluk, Virudhunagar District, within the time stipulated by this Hon'ble Court.

For Petitioner : Mr.T.Thirumurugan For Respondents : Mr.P.Thilakkumar, Government Pleader

ORDER

(Order of the Court was made by M.S.RAMESH, J.) Challenging the order passed by the 4th respondent dated 09.10.2019, this writ petition is filed to quash the same, with a consequential direction to the respondents to install a statue with museum and library of Maruthu Brothers at Mukkulam Village, Tiruchuli Taluk, Virudhunagar District, within a time frame.

2.

The decision to install a statue with the Museum and Library of any leaders of the Nation revolves around various factors with regard to availability of land, the location and suitability of the land, the impact of the erection of the statue on the Society, etc., which are all policy decisions of the Government and this Court in exercise of its powers under Article 226 of the Constitution of India will not venture to adjudicate. However, since the petitioner claims that there is a donor, who is willing to part with a piece of Page No.2 of 4

land for erection of the said statue, this Court is of the view that the petitioner may be granted liberty to approach the Government with suitable representation.

3.

Accordingly, the petitioner is granted liberty to make appropriate application to the respondents, setting forth his request for erection of the statue. On receipt of such representation, the respondents consider the same on its own merits and pass appropriate orders in accordance with law, within a period of three months from the date of receipt of the representation. It is made clear that this Court has not expressed any of its views with regard to the merits of the matter and that it is open to the concerned respondents to consider the same on its own merits.

4.

With the above direction, the Writ Petition stands disposed of. No costs.

(M.S.R, J.) (A.D.M.C, J.) 03.12.2024 Index : Yes / No : Yes / No bala Page No.3 of 4

M.S.RAMESH, J.

and A.D.MARIA CLETE, J.

bala To

1. The Secretary, State of Tamilnadu, Department of Revenue, Secretariat, Chennai - 09.

2. The District Collector, Office of the District Collector, Virudhunagar District.

3. The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Aruppukottai, Virudhunagar District.

4. The Tahsildar, Office of the Tahsildar, Thirichuli, Virudhunagar District.

ORDER MADE IN DATED : 03.12.2024 Page No.4 of 4