Madras HC pulls up Tashildar for confiscating statue of freedom fighter Pasumpon Muthuramalinga Thevar

The Madurai Bench of the Madras High Court recently pulled up a Tahsildar in Sivakasi district for confiscating a statue of freedom fighter Pasumpon Muthuramalinga Thevar, which was sought to be installed by some members of a community on private patta land [P Sankar Vs District Collector, Virudhunagar].

Justice GR Swaminathan noted that no government permission is required to install such a statue on private land, and directed the Sivakasi Tahsildar to immediately return the statue.

"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. Therefore, the third respondent (Tashildar) 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," the Court's October 28 ruling said.

The Court passed the order on a plea by one P Sankar, a resident of Salvarpatti village in Virudhunagar district.

Sankar sought the return of the statue and protection from local officials interfering with its installation inside a community hall campus.

The petitioner recounted that the Maravar community had purchased some patta land and constructed a community hall there, inside which they planned to install the statue. However, officials prevented the installation and removed the statue.

Before the Court, the State claimed that permission must be secured from the local authorities before the statue can be installed. The police added that the communal atmosphere of the area may be affected by the installation of the statue. The Inspector of Police informed the Court that around 600 families live in the village - about 400 from the Maravar community and the rest from the Yadhava and Chettiar communities.

The petitioner’s counsel submitted that invitations were issued to all communities and that no objections were received. The Court recorded that even the State did not claim receipt of any objection.

The Court eventually reiterated that the installation of a statue within patta land does not require prior approval from authorities.

In this regard, reference was made to a February 2025 Division Bench ruling (Balasubramani v. District Collector, Virudhunagar), in which Justice Swaminathan was also part of the Bench.

“To install a statue in one’s patta land, permission from the authorities is not required,” the Court ruled.

Justice Swaminathan concluded that the installation of the Pasumpon Thevar statue would not pose any law and order risk.

"In view of the social profile, that installation of the petition mentioned statue in the petition mentioned land will not in any way disturb law and order public order," he said.

The Court allowed the writ petition and directed the Tahsildar to hand over the confiscated statue back to the petitioner immediately.

The petitioner was represented by Advocate Senguttuarasan

The District Collector, Revenue Divisional Officer and Tashildar of Virudhunagar district were represented by Additional Government Pleader KS Selvaganesan.

The police authorities were represented by Government Advocate (Criminal Side) Albert James.

[Read Judgment]