M.Gopal v. The District Collector

Order (Order of the Court was made by S.M.Subramaniam J.) Writ of Mandamus has been instituted to direct the respondents 1 to 3 to immediately remove the encroachment (the statue of the political leader with its concrete pedestal) put up by the 4th respondent without obtaining any statutory permission or approval from the respondents 1 to 3 forthwith.

¶2The Hon'ble Supreme Court of India passed an order of prohibition to install/construct statues in public roads. Despite the orders, several such statues are constructed. In the present case, a statue of a leader has been installed in front of Vinayakar Temple which is being objected by the people in that locality as well as the devotees.

¶3This Court has passed orders for shifting of statues from roads, public places etc. by creating "Leaders Park" for the benefit of the people and by providing an opportunity to the political parties to install the statues of their respective leaders in a common park. Such position has been reiterated by Page3 of 5 the Division Bench of this Court in the order passed in W.P.(MD)No.3680 of 2025 dated 03.06.2025. Paragraph No.5 of the said order reads as under. "5.The formation of "Leaders Park" would be of much benefit to the youth of this Country, as they can learn about the ideas and ideologies of those leaders. Instead of making concrete efforts for the formation of "Leaders Park", the Government cannot issue orders granting permission to instal statues in public places. On account of heavy traffic congestion and other mitigating factors, the general public are put to hardship in the event of granting such permission to erect statues in public places. The rights of the citizens, in all respects under the Constitution, is to be protected by the State. When the Supreme Court of India has passed an order in rem not to grant any permission to instal statue in public places, the State Government cannot pass any orders granting any such permission."

¶4The Government has also issued guidelines in G.O.Ms.No.629, Revenue and Disaster Management Department dated 16.09.2025. The authorities are directed to work in tandem so as to ensure that the obstructions in public roads, in front of religious institutions are removed and statues or structures are shifted to any other specified park or area enabling the people to visit the same in a peaceful manner and without causing any obstruction for free flow of traffic, Roads etc. Page4 of 5

¶5In view of the above position, the respondents are directed to shift the statue to any other park or common area which would not cause any obstruction to the people and road users etc. The said exercise is directed to be completed within a period of four months from the date of receipt of a copy of this order. Accordingly, the Writ Petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. (S.M.S.,J.) (K.S.,J.) 23-03-2026 Index: Yes/No Speaking/Non-speaking order VSI To

¶1The District Collector, Office Of The District Collector, Rajaji Salai, Chennai-600 001.

¶2The Commissioenr To Corporation Of Chennai Rippon Building Park Town, Chennai-600 003.

¶3The Commissioner Of Police Office Of The Commissioner of Police, Vepery, Chennai-600 007. WPoNo.o36485oofo2025 S.M.SUBRAMANIAMeJ. AND K.SURENDEReJ. vsi WPeNo.e36485eofe2025 and WMPeNo.e40777eofe2025 23-03-2026 Page5oofo5

Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 23-03-2026 CORAM THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR.JUSTICE K. SURENDER and WMP No. 40777 of 2025 M.Gopal S/o.Murugappa Nayagar, 29, Bazaar Street, Virugambakkam, K.K.Nagar (west) Chennai-600 078 ..Petitioner(s) Vs 1. The District Collector Office Of The District Collector, Rajaji Salai, Chennai-600 001. 2. The Commissioner To Corporation Of Chennai Rippon Building Park Town, Chennai-600 003. 3. The Commissioenr Of Police Office Of The Commissioner Of Police, Vepery, Chennai-600 007. 4. Bullet A.M.Gowdaman, Nesappakkam, Amma Makkal Munnettra Khagam, Party Committee Member 4/5, Anna Lane, Pallavan Salai Annex, Nesapakkam, Chennai-600 078 ..Respondent(s) To direct the respondents 1 to 3 to immediately remove the encroachment (the statue of the political leader with its concrete pedestal) put up by the 4th respondent without obtaining any statutory permission or approval from the respondents 1 to 3 forthwith Page2 of 5 For Petitioner(s): Mr.N.Abiragan For Respondent(s): Mr T Arun Kumar, Addl.G.P. for R1 Mr. D.B.R. Prabhu, Standing Counsel for GCC for R2 Mr. Babu Muthu Meeran, Addl.P.P. for R3 Mr.R.Siva for R4