‘Tehsildar has no power to seize’: Madras High Court orders statue’s return, installation in Sivakasi

“The Tahsildar, Sivakasi has no right whatsoever in law to take away the statue which belongs to the writ petitioner and his community. A statue may have symbolic value but nevertheless it is also property in the legal meaning of the term,” the order read.

The court, therefore, said that the authority “could not have taken it away forcibly”.

“In fact, no provision of law has been cited which enables the Tahsildar to seize the statue and retain it in his custody,” it added.

The matter came into light when a resident of Salvarpatti Village in Virudhunagar District purchased land and constructed a community hall with an intent to install the statue of freedom fighter Pasumpon Muthuramalinga Theva.

It came on record that the local authorities in Sivakasi not only prevented him from installing the statue but also seized the same.

Aggrieved by their action, the resident moved the court praying for the handover of the statue and permission to install it.

Strongly opposing the petition filed, the additional government pleader K S Selvaganesan argued that the installation required “permission from the competent authority”.

Selvaganesan raised apprehensions of the local police over the outbreak of “a communal atmosphere” due to the installation of the statue.

Appearing for the petitioner, advocate P Senguttuarasan claimed there was “not even a single objection” when it came to the statue’s installation.

The court allowed the petitioner and said, “In view of the social profile (of the freedom fighter), installation of the statue…will not in any way disturb law and public order. ”