Case Note & Summary
The petitioner, Manav Vikas Va Punarnirman Sanshodhan Sanstha, filed a writ petition before the Bombay High Court, Aurangabad Bench, seeking a direction to quash the decision of the Statue Committee, Chatrapati Sambhajinagar, dated 9 April 2025, which denied permission to install a statue of Periyar Ramaswami Naykar on Gut No. 278, Grampanchayat Property No. 5667, situated at Waluj, Lanzi Road Area, Taluka Gangapur, District Chatrapati Sambhajinagar. The petitioner also sought a consequential direction to grant permission. The court heard the petitioner's advocate and the Assistant Government Pleader for the State, and perused the documents and a confidential police report. The court noted that the petitioner sought to install a statue of Periyar Ramaswami Naykar, who has no connection with the State of Maharashtra. The police inspector's report was adverse to the installation, and permission was rejected on the ground that it would lead to a law and order situation. The court held that the petitioner has no enforceable legal right to claim that permission must be granted. Finding no illegality or perversity in the denial, the court dismissed the writ petition as devoid of merit.
Headnote
A) Constitutional Law - Writ Jurisdiction - Enforceable Legal Right - Petitioner sought direction to install statue of Periyar Ramaswami Naykar, who has no connection with Maharashtra - Police report adverse, permission denied on law and order grounds - Held that petitioner has no enforceable legal right to claim permission, and no illegality or perversity in denial (Paras 1-3).
Issue of Consideration
Whether the petitioner has an enforceable legal right to compel the installation of a statue of Periyar Ramaswami Naykar in Maharashtra, and whether the refusal on grounds of law and order is illegal or perverse.
Final Decision
Writ petition dismissed as devoid of merit.
Law Points
- No enforceable legal right to install statue
- Writ jurisdiction not available for mere permission
- Law and order as valid ground for refusal
