Judgment:
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:
11. 03/2013 CORAM THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN W.P.(MD)No.3484 of 2012 and M.P.(MD)Nos.1 to 3 of 2012 S.Papanasam ... Petitioner Vs. 1.Government of Tamil Nadu, rep.by its District Collector, Tirunelveli District, Tirunelveli. 2.The Executive Officer, Cheranmahadevi Selection Grade Panchayat, Cheranmahadevi, Tirunelveli District. ... Respondents Prayer Writ Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of certiorarified mandamus, by calling for the records from the file of the 2nd respondent in Proceedings Na.Ka.No.26/2012, dated 15.02.2012, quashing the same and consequently directing the 2nd respondent to maintain the two arches constructed at the Cheranmahadevi Bus Stand and named after Perunthalaivar Kamarajar, in good condition. !For Petitioner ... Mr.S.Natesh Raja ^For Respondent-1... Mr.R.Karthikeyan, Addl.Govt.Pleader. For Respondent-2 ... Mr.S.Chandrasekar :ORDER This writ petition is directed against the Notice, dated 15.02.2012, issued by Cheranmahadevi Selection Grade Town Panchayat, calling upon M/s.Sun Paper Mills, Cheranmahadevi, to remove the Arch erected by them on the eastern side entrance of the bus-stand at Cheranmahadevi. Brief Facts:
2. According to the petitioner, the people of Cheranmahadevi Selection Grade Town Panchayat made a request to the Panchayat to honour Perunthalaivar Kamarajar, former Chief Minister of Tamil Nadu. The panchayat responded to the request and consequently the bus stand at Cheranmahadevi was named after him. The panchayat also approved the proposal for construction of an Arch in the name of Thiru Kamarajar. The panchayat, at its meeting resolved to spent a sum of Rs.225/- for the said purpose. Accordingly, the arch was erected and it was inaugurated on 10.10.1977. The function was presided over by the then president of Cheranmahadevi Panchayat and it was inaugurated by the former Speaker of Tamil Nadu Legislative Assembly. 3.While the matters stood thus, a Resolution was passed by the Panchayat on 08.07.2003 to reconstruct the arch, by demolishing the old structure. The work was entrusted to M/s.Sun Paper Mills. The donor was pleased to spend a sum of Rs.71,51,664/- for constructing two arches, by replacing the old arch which was constructed about 30 years ago. The new arch was opened by the Speaker of Tamil Nadu Legislative Assembly on 11.07.2010. 4.While so, the Executive Officer, Cheranmahadevi Selection Grade Town Panchayat, issued the impugned Notice, dated 15.02.2012, calling upon the donor to remove the arch within 15 days from the date of receipt of notice. The 2nd respondent in the said notice indicated that the arch was constructed in contravention of the guidelines issued in G.O.Ms.No.221, Municipal Administration and Water Supply Department, dated 20.12.1998. The action taken by the Local Body to remove the arch, notwithstanding the historical significance, made the petitioner to challenge the impugned notice. 5.The Executive Officer, Cheranmahadevi Selection Grade Town Panchayat, in his counter affidavit contended that the Notice was issued only to M/s.Sun Paper Mills, as the arch was constructed only by them. According to the Executive Officer, the old arch was replaced by a new arch, without obtaining prior permission from the Government. Since the construction was only after the issuance of the Government Order in G.O.Ms.No.221, dated 28.12.1998, the Local Body was constrained to issue the notice of demolition. Summary of Submissions:
6. The learned counsel for the petitioner contended that the arch in question has been there for the past more than 35 years and it was only on account of its bad condition, it was reconstructed. According to the learned counsel, the petitioner is prepared to submit an application before the Government for the purpose of regularisation of construction and made a request to issue a direction to the 2nd respondent to keep further proceedings in abeyance till a decision is taken by the Government. 7.The learned Standing Counsel appearing on behalf of Cheranmahadevi Selection Grade Town Panchayat submitted that the panchayat has no specific interest in the matter and the idea is to comply with the Government Order requiring prior permission for erection of statues and arches. According to the learned counsel, it is open to the petitioner or M/s.Sun Paper Mills to apply before the Government for permission and for regularisation of the construction and the local body would not take any forcible action for demolition. Discussion:
8. The Cheranmahadevi Selection Grade Town Panchayat wanted a memorial to be constructed in the name of former Chief Minister of Tamil Nadu, who was considered as a vibrant Chief Minister and a man who always stood for the cause of poor and downtrodden. The former Chief Minister hails from the neighbouring district of Virudhunagar. His contribution to the State of Tamil Nadu as a whole and to the people of this region only made the Cheranmahadevi Selection Grade Panchayat to construct a memorial for him. 9.The arch in question was originally constructed by the Panchayat on the strength of a Resolution passed by the local body. The panchayat spent its resources for the construction and it was ultimately inaugurated on 10.10.1977. There was no Government Order earlier requiring prior permission for erection of arches and pillars. It was only subsequently Government Order in G.O.Ms.No.221, Municipal Administration and Water Supply Department, dated 20.12.1998, was issued regulating construction of statues and pillars and other memorials in public places. The Government found that several arches and pillars were constructed, without obtaining permission and subsequently those statues and pillars were neglected. Since some of the statues were demolished or damaged, communal violence broke out in various parts of the State of Tamil Nadu. This made the Government to come up with an order regulating construction of statues, arches and pillars. The Government Order in G.O.Ms.No.221, dated 20.12.1998, contains detailed provisions regulating construction of statues and other kinds of memorials. 10.It is true that reconstruction of memorial arch at Cheranmahadevi was made subsequent to the issuance of Government Order in G.O.Ms.Nos.221, dated 20.12.1998. The petitioner, who is the former president of Cheranmahadevi Panchayat, also admits the said fact. The Selection Grade Town Panchayat of Cheranmahadevi is now administered by a different set of office bearers. Even the present president and members of the Panchayat have no serious objection for retaining the arch. The learned counsel for the panchayat submitted that this arch is not an obstruction for traffic or pedestrian movement. The Executive Officer wanted regularisation of the construction and the same is evident from the submissions made on behalf of the 2nd respondent. The petitioner was the president of the panchayat during the material time and, therefore, it cannot be said that he has no interest in the matter. It is true that notice was issued only to M/s.Sun Paper Mills. In case, the donor is not coming with an application for regularisation, necessarily, liberty should be granted to the former president of the panchayat to approach the Government. 11.The State Government has taken a decision to construct a memorial arch in commemoration of the Diamond Jubilee Celebrations of the Tamil Nadu Legislative Assembly. When a challenge was made to the said decision, the Government of Tamil Nadu defended the action on the ground that it is highly necessary to construct a Memorial Arch, taking into account the contribution made by the Legislature to the people of Tamil Nadu. The same spirit should weigh with the Government in the matter of regularisation of the arch constructed to commemorate the services rendered by Thiru Kamaraj, former Chief Minister of Tamil Nadu. DISPOSITION:
12. The petitioner as well as M/s.Sun Paper Mills are given liberty to make an application before the Government for regularisation of the Arch in question. The petitioner or the donor should also undertake the maintenance of the arch in question, in view of the specific condition mentioned in the Government Order with regard to construction and maintenance of statues, pillars and arches in public places. The petitioner is given 30 days time to make an application before the Government and in the event of making any such application, the State of Tamil Nadu is directed to consider and dispose of the same on merits and as per law. In view of the stand taken by the Cheranmahadevi Selection Grade Town Panchayat that no forcible action would be taken in the matter, status-quo as on today, shall be maintained till the disposal of the matter by the State Government. 13.The writ petition is disposed of with the above direction. No costs Connected miscellaneous petitions are closed. gb To 1.The District Collector, Tirunelveli District, Tirunelveli. 2.The Executive Officer, Cheranmahadevi Selection Grade Panchayat, Cheranmahadevi, Tirunelveli District. 3.The Secretary to Government, Municipal Administration and Water Supply Department, Secretariat, Chennai-9.