The State cannot stop an individual from installing a memorial or a statue on his or her private land, the Madras High Court recently said while permitting a Salem-based activist to construct a memorial in honour of Jesuit priest and tribal rights activist late Stan Swamy.
Justice M Dhandapani permitted one Piyush Sethia to construct the memorial, a stone pillar with a picture of Swamy, on his private plot in Tamil Nadu's Dharmapuri district.
The Court also quashed a July 16, 2021 order of the local Tahsildar that had restrained Sethia from constructing or raising any such memorial.
“In the instant case, Fr. Stan Swamy took more efforts for the welfare of Tribals and the issue on hand is erection of his statute / Stone pillar in the petitioner's private land. As a general principle, the law grants the citizens the right to install statues in their own private property. The only restriction is that such an erection of the statue should not bring any conflicts between two communities or in a way that would hurt the feelings of a particular society. There is no legal impediment if erection of statue at a private patta land is permitted,” the High Court said.
The Court also noted that Sethia had undertaken to bear all costs for raising such memorial on his land.
Sethia filed the petition through advocate V Suresh after his representation made before the district authorities was rejected.
He told the Court that he was inspired by Swamy’s work for tribal communities and that he considered the late activist an idol and a mentor. Therefore, he wished to commemorate Swamy’s legacy by constructing a memorial on his own private land.
However, the petition was opposed by the State and the district authorities who argued that the proposed memorial was to commemorate the work of a person “related to the Naxals and Maoists.”
The State also argued that such memorial would “hamper the law and order situation” in the area.
However, the High Court said it was inclined to allow the petition as long as Sethia ensured that the public at large was not caused any discomfort due to construction of such memorial.
“Accordingly, the impugned notice, dated 16.07.2021 passed by the 2nd respondent is set aside and consequently granting liberty to the petitioner to erect the stone pillar of Fr. Stan Swamy in his private patta land in Survey No.382/4 and 391 of Nekkundi Village, Nallampallai Taluk, Dharmapuri District. It is made clear that while erecting the said stone pillar at the aforesaid petitioner's property shall not cause any hindrance to public at large. In the result, this writ petition is allowed,” the High Court said.
Swamy, an undertrial accused in the Elgar parishad-Bhima Koregaon case, died awaiting medical bail on July 5, 2021.
Dr V Suresh appeared for Sethi, the petitioner.
Additional Government Pleader U Baranidharan and Government Advocate L Baskaran appeared for the respondent District Collector and State authorities.
[Read Order]