Tamil Nadu - Madurai   

Court allows installation of statue

MADURAI: The Madras High Court on Tuesday directed the State government to permit installation of a statue of K. Muthukumar, who committed suicide on January 29 last in protest against alleged massacre of Tamils in Sri Lanka.

Justice K. Chandru quashed the orders passed by the Thanjavur Collector and the Revenue Divisional Officer on May 5 refusing permission for a bust of the youth on private property in Sanoorapatti village.

The judge disagreed with the submission that the government had power to regulate installation of statues even on private property.

He said that a special government pleader was unable to point out any law under which such power was assumed either by the State government or local bodies. “If the argument of the learned special government pleader is accepted, then for putting up or hanging the picture of one's own parents or forefathers on private ‘pattadars' land, one should move the authorities (whether it is local body, revenue or police authorities) for seeking such permission.

“The attempt by the respondents is to clutch to a non existing power… A fetter on a citizen's right must be spelt out by a valid law made by the State legislature and that law alone can regulate the questions raised in this writ petition,” the judge said allowing the petition filed by P. Maniyarasan, general secretary of the Thamizh Desa Poduvudumai Katchi.

With reference to Rule 4(3) of the Tamil Nadu Panchayats Building Rules that states that no site should be used for public worship without the local body's permission, the judge said: “The petitioner's attempt to put up a bust of their hero Muthukumar is not intended to convert the site into a place of worship. May be in a lighter vein, it can be said that there will be ‘hero worship.' The history of Tamil Nadu is replete with instances of laying ‘nadukal' (hero stone) in memory of many subaltern heroes in each area… The respondents have unnecessarily blown up an issue, which, otherwise, would have gone off without much ado.”

On the other submission of the government pleader that the government permitted only bronze statues even in public places, the Judge said: “Whether the statue should be made of clay or wood or stone or metal is to be left to the volition of the organisers of the event.

“Nowhere in the written statement had the District Collector said that there is any threat or opposition for erecting the statue of Muthukumar. It is for the organisers like the petitioner to take care of their memorials in the event of their proceeding to erect the statue in the village in question.”

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