Madras High Court Quashes Memo, Allows Erection of Memorial Stupa on Private Land

Court Upholds Patta Landholder's Rights, Stating No Permission Required for Installations on Private Properties

In a significant ruling, the Madurai Bench of the Madras High Court has allowed the erection of a memorial stupa on patta land without requiring prior permission from the government or any statutory authority. The judgment was delivered by Justice G.R. Swaminathan in the case of Siva.Kalaimani Ambalam v. District Collector, wherein the petitioner sought to commemorate the historical Natham Kanavai War by installing a stupa on privately owned land.

The court emphasized that there is no statutory requirement for obtaining permission to install structures on patta lands, thus reinforcing the rights of landholders. It quashed a memo that had previously denied the petitioner the right to erect the stupa, stating that government orders or executive instructions could not override the rights of patta landholders unless supported by a valid statutory provision.

Justice Swaminathan highlighted the duty of citizens under Article 51A of the Constitution of India to cherish and follow the noble ideals of the freedom struggle. The petitioner, a practicing lawyer, had gathered historical evidence of the 1755 battle where the Melur Kallars defeated the English forces, retrieving sacred idols looted by the British.

The court referenced previous judgments, reinforcing the view that the state could not restrict the rights of patta landholders without due process of law. It distinguished between public and private lands, noting that the government order cited by the respondents was applicable only to public places.

This decision marks a notable affirmation of property rights and the commemoration of historical events on private lands, allowing the petitioner to proceed with the stupa's erection in honor of the Natham Kanavai War.

Bottom Line:

Erection of a memorial stupa in patta land does not require prior permission from the government or any statutory authority, as there is no statute governing such installations in private lands. Government Orders or executive instructions cannot override the rights of a patta landholder.

Statutory provision(s): Article 51A of the Constitution of India, G.O.(Ms).No.629, Revenue and Disaster Management Department dated 16.09.2025

Siva.Kalaimani Ambalam v. District Collector, (Madras)(Madurai Bench) : Law Finder Doc Id # 2819339