Case Note & Summary
The petitioner, M. Gopal, filed a writ of mandamus seeking direction to respondents 1 to 3 (District Collector, Commissioner of Chennai Corporation, and Commissioner of Police) to immediately remove an encroachment consisting of a statue of a political leader with its concrete pedestal, installed by the 4th respondent without any statutory permission or approval. The statue was placed in front of a Vinayakar Temple, causing objection from local residents and devotees. The High Court noted that the Supreme Court of India has passed an order prohibiting the installation or construction of statues on public roads, yet such statues continue to be erected. The court observed that it had previously passed orders for shifting statues from roads and public places by creating a 'Leaders Park' where political parties could install statues of their leaders in a common park, as reiterated in a Division Bench order in W.P.(MD) No. 3680 of 2025 dated 03.06.2025. The court held that the installation of statues in public places without permission is illegal and causes hardship to the public due to traffic congestion. The court directed the respondents 1 to 3 to take immediate action to remove the encroachment and file a compliance report within four weeks. The writ petition was disposed of accordingly.
Headnote
A) Public Law - Writ of Mandamus - Removal of Unauthorized Statue - Petitioner sought direction to remove statue installed without permission on public road in front of temple - Court held that installation of statues in public places without statutory permission is illegal and must be removed - Authorities directed to take immediate action (Paras 1-5). B) Constitutional Law - Right to Free Movement - Prohibition on Statues in Public Places - Supreme Court order prohibits installation of statues on public roads - Such installations cause traffic congestion and hardship to public - State must protect citizens' rights under Constitution - Court reiterated the concept of 'Leaders Park' for relocating statues (Paras 2-5).
Issue of Consideration
Whether the unauthorized installation of a statue of a political leader on a public road in front of a temple constitutes an encroachment that must be removed by the authorities.
Final Decision
The writ petition is disposed of directing respondents 1 to 3 to take immediate action to remove the encroachment (statue with concrete pedestal) installed by the 4th respondent without permission. Respondents 1 to 3 are directed to file a compliance report before this Court within a period of four weeks from the date of receipt of a copy of this order.
Law Points
- Writ of Mandamus
- Removal of encroachment
- Prohibition on installing statues in public places
- Leaders Park concept
- Protection of citizens' rights under Constitution
