While reiterating that no permission is required for the installation of the statue of a freedom fighter in a patta land, the Supreme Court has granted liberty to a lawyer to erect the memorial stupa for the Natham Kanawai War in his patta land. The High Court took note of the fact that the stupa was to commemorate the victory of native forces over the colonial forces.

The High Court was considering a Writ petition filed under Article 226 of the Constitution for issuance of a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order of the Tahsildar, and subsequently directing the respondents to grant permission to erect the Memorial Symbol for “Natham Kanawai War” in patta land of the petitioner situated at Puthur Village of Natham Taluk of Dindigul District.

The Single Bench of Justice G.R.Swaminathan held, “The petitioner after all wants to erect a stupa to commemorate the victory of native forces over the colonial forces. Such events must be celebrated and preserved for historical memory. I had already taken the view that for installation of the statue of a freedom fighter, that too only in a patta land, no permission is required (vide order dated 04.01.2023 in W.P(MD) No. 24595 of 2023 (R.Kanthavel vs The Principal Secretary to Government).”

Advocate S.Ramsundarvijayraj represented the Petitioner, while Government Advocate R.Ragavendran represented the Respondent.

Factual Background

The petitioner, who is a practising lawyer, had gathered materials to show that in Natham Pass (Natham Kanavai), there was a bloody confrontation between the Melur Kallars and the English forces in the year 1755, in which the Kallars emerged as winners. The English troops had looted the Thirumogur (Koilkudi) Temple and taken away the brass idols. The contingent, led by Col.Alexander Heron carrying the idols, was to pass through the Natham Kanavai. To retrieve the sacred idols, the Kallar community gathered in huge numbers and launched an attack on Heron and his forces. Thousands of lives were lost in the encounter. But the Kallar community succeeded in retrieving all the idols. Heron was said to have returned to Trichirappalli with only 30 surviving sepoys.

To commemorate the Natham Pass battle, the petitioner wanted to erect a memorial stupa. He wanted to install the same only in a patta land. When the request was made, the Tahsildar, Natham, rejected the request. Challenging the same, the present writ petition came to be filed.

Reasoning

The writ petition was filed belatedly, but the Bench noted that the doctrine of laches cannot be invoked in this case. “So long as the impugned memo is holding good, the petitioner cannot install the Stupa in the petition-mentioned site. Therefore, the writ petitioner cannot be non-suited on this ground”, it added. The respondents submitted that the report had been obtained from the jurisdictional police, and based on the same, further action could be taken.

The Bench referred to the judgment in Balasubramani Vs. The District Collector, Virudhunagar (2022), wherein it was held that the Government Order of the Revenue Department applies only to public places and not to patta lands. It was further held therein that it would be open to the Government to bring in a law regulating the erection of statues even in private places, but as long as such a law has not been enacted, by issuing circulars and Government Orders, the right of an individual to put up a statue in one's patta land cannot be taken away. “The aforesaid ruling would equally apply to the case on hand notwithstanding the issue of G.O.(Ms).No.629 Revenue and Disaster Management Department dated 16.09.2025”, it added.

In light of such facts and circumstances, the Bench quashed the impugned memo and ordered, “The petitioner is at liberty to erect the memorial stupa for “Natham Kanawai War” in the petition-mentioned land. This writ petition stands allowed.”

Cause Title: Siva.Kalaimani Ambalam v. The District Collector (Case No.:W.P.(MD)NO.34220 OF 2025)

Appearance

Petitioner: Advocates S.Ramsundarvijayraj, V. Kaviyarasan, Saravanakumar

Respondent: Government Advocates R.Ragavendran, A.Albert James

Click here to read/download Order


Madras HCJustice GR Swaminathan

Tulip Kanth

Assistant Editor

Tulip Kanth is an Assistant Editor at Verdictum having over 5 years of experience in the field of legal journalism and editing. She extensively covers judgments of the Supreme Court, High Courts as well as Tribunals. She has previously worked with a legal publishing website where she oversaw the work of other editors and has also created updates on notifications of different Government Ministries. She holds an English Honours Degree from SGTB Khalsa College, Delhi University and has completed her LLB course with specialisation in Corporate Law from Amity University.