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Madras High Court allows stupa for 1755 war heroes: ‘If Stan Swamy can have memorial, why not them?’

Stan Swamy memorial ruling: Justice G R Swaminathan was hearing a plea filed by a practising lawyer seeking permission to install a memorial stupa commemorating the Natham Kanavai battle.

Madras High court 1755 Heroes Natham Kanavai battleNatham Kanavai battle 1755: The Madras High Court observed that celebrating success motivate, instil inspiration and trigger transformation while talking about the battles and chess grandmasters. (Image is created using AI)

Natham Kanavai battle 1755:  In a recent ruling that bridges the gap between 18th-century warfare and modern-day chess champions, the Madras High Court has cleared the way for installing a memorial stupa in honour of a 1755 “Natham Kanavai War” waged against the British.

Justice G R Swaminathan was hearing a writ petition filed by Siva Kalaimani Ambalam, a practising lawyer, after the Tahsildar of Natham rejected his request to install a memorial stupa commemorating the historic Natham Kanavai battle.

Justice G R Swaminathan Madras High Court Stupa Justice G R Swaminathan expressed concern that many in the present generation are unaware of the battles and struggles waged by Indian society to free itself from colonial rule. (Image is enhanced using AI)

“If for erecting a stone pillar in memory of Stan Swamy, permission is not required, certainly, no permission is required for erecting a stupa in memory of the Natham Kanavai battle,” the court observed.

It was placed on record that Natham Kanavai witnessed a “bloody confrontation” in 1755 between the Melur Kallars and the British forces, in which the Kallars emerged victorious. The petitioner submitted that British troops, led by Colonel Alexander Heron, had looted brass idols from the Thirumogur (Koilkudi) Temple, which were later successfully retrieved by the Kallar community after the battle.

Here are the reasons the court considered for granting permission to install the memorial stupa.

  • ‘Salad bowl’: India has “civilizational unity”. When the USA is said to be a “melting pot”, India is metaphorically termed as a “salad bowl” since India has a “collection of communities and sub-communities” that speak different languages, belong to different regions, and therefore, historical memories associated with such identities can be harnessed for higher purposes.
  • ‘Kallar Community’: The Kallar community has a martial background and can be compared to Gurkhas and Rajputs, and was branded as “criminal tribes” by the British. The community languished for decades and faced untold hardships till the legendary leader Shri Pon Muthuramalinga Thevar redeemed the community.
  • ‘Tamil soil’: It was pointed out that after the British started ruling the nation, there was resistance and struggle, with some scholars holding the view that the first war of Indian independence was not waged in 1857, but much before, and it was waged from the Tamil soil. Taking judicial notice, it was observed that the British “met their match” in the Madurai region, recalling figures such as Velu Nachiyar, the Marudu brothers, Puli Thevar, Kattabomman and Oomaithurai.
  • ‘Success begets more successes’: Referring to the cynical maxim “success has many fathers but failure is an orphan”, it was pointed out that there is a converse to this maxim, which is “success will beget many more successes”.
  • ‘Relished memories’: It is necessary to celebrate the battles when the natives won against the colonial army since every such victory was obtained at “great cost”, against “impossible odds”, and it deserves to be “relished”, and the memory of the martyrs “honoured”.
  • ‘Chess capital’: It was highlighted that Chennai is the Chess Capital of India and is now home to a “host of superstars” in that sport, including Gukesh Dommaraju, the current world champion, and others such as R.Praggnanandhaa, Vaishali Rameshbabu, Pranesh, Ilamparthi, Aravindh Chithambaram, etc. Therefore, it is necessary to celebrate success as it can motivate, instil inspiration and trigger transformation.
  • ‘Duty of citizen’: Article 51A of the Indian Constitution mandates that it shall be the duty of every citizen to cherish and follow the noble ideals which inspired our national struggle for freedom and to defend the country and render national service when called upon to do so.

In its November 26 order, the high court held that the practising lawyer is at liberty to erect the memorial stupa for “Natham Kanawai War” in the petition-mentioned land.

Richa Sahay is a Legal Correspondent for The Indian Express, where she focuses on simplifying the complexities of the Indian judicial system. A law postgraduate, she leverages her advanced legal education to bridge the gap between technical court rulings and public understanding, ensuring that readers stay informed about the rapidly evolving legal landscape. Expertise Advanced Legal Education: As a law postgraduate, Richa possesses the academic depth required to interpret intricate statutes and constitutional nuances. Her background allows her to provide more than just summaries; she offers context-driven analysis of how legal changes impact the average citizen. Specialized Beat: She operates at the intersection of law and public policy, focusing on: Judicial Updates: Providing timely reports on orders from the Supreme Court of India and various High Courts. Legal Simplification: Translating dense "legalese" into accessible, engaging narratives without sacrificing factual accuracy. Legislative Changes: Monitoring new bills, amendments, and regulatory shifts that shape Indian society. ... Read More

 

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