Madras High Court Upholds Installation of Statue on Private Land Without Prior Permission

Court Orders Immediate Return of Seized Statue, Citing Lack of Legal Grounds for Seizure

In a significant ruling, the Madras High Court's Madurai Bench has determined that installing a statue on private patta land does not require prior permission from authorities. This decision came as a relief to P. Sankar, a resident of Salvarpatti Village in Virudhunagar District, who had filed a writ petition against the District Collector and other officials after they seized a statue intended for installation on community-owned land.

The case revolved around the installation of a statue of the revered freedom fighter Pasumpon Muthuramalinga Thevar within the campus of a community hall owned by the Maravar Community. The community had purchased the land legally and constructed a hall there, intending to honor the freedom fighter with a statue. However, officials, led by the Tahsildar of Sivakasi, intervened and confiscated the statue, claiming a breach of governmental protocol that purportedly required prior permission for such installations.

Presiding over the case, Justice G.R. Swaminathan referenced a previous Division Bench judgment dated February 28, 2025, in WA(MD)No.1386 of 2022, which clarified that no such permission was necessary for installations on one's patta land. The court found that the seizure by the Tahsildar lacked legal justification, as no statutory provision was cited that allowed such action.

Additionally, the court assessed concerns regarding potential disturbances to communal harmony and public order. After consultations with local police and community representatives, Justice Swaminathan concluded that the installation posed no threat to peace, as there were no objections from other communities residing in the village.

The court directed the authorities to immediately return the statue to the petitioner and restrained them from further interference in the installation process. This ruling not only reinforces property rights but also sets a precedent for similar cases where communities seek to celebrate cultural icons on private lands without bureaucratic hindrances.

Bottom Line:

Installation of statue in patta land does not require permission from authorities - Seizure of the statue by the Tahsildar held unlawful.

Statutory provision(s): Property Rights

P.Sankar v. District Collector, Virudhunagar District, (Madras)(Madurai Bench) : Law Finder Doc Id # 2804867