'Don't use public money to glorify former leaders': SC stops TN govt from installing Karunanidhi statue

The Supreme Court on Monday dismissed an SLP moved by the Tamil Nadu government challenging the High Court's order which had denied it permission for the installation of a statue of former Chief Minister M. Karunanidhi in Tirunelveli district.

A bench of Justices Vikram Nath and PK Mishra asked the government, "Why are you using public funds for glorifying your former leaders?”.

"Mr. P. Wilson, learned senior counsel appearing for the petitioners, after arguing at some length states that he may be permitted to withdraw the present petitions. Permission, as prayed for, is allowed. The Special Leave Petitions are dismissed as withdrawn", the bench noted in its order.

The state government proposed to install a bronze statue and name board of the former Chief Minister near the public arch entrance of the Valliyoor Daily Vegetable Market, located on the Main Road in Tirunelveli district.

Accordingly, a writ of mandamus was sought before the Madras High Court to forbear it from installing a bronze statue and name board of the former Chief Minister Mr.M.Karunanidhi (Late) near the Public Arch entrance of the Valliyoor Daily Vegetable Market situated in Main Road, Neela Bakery, Vadaku Valliyoor, Tirunelveli District.

In the impugned order, the Madras High Court had said that government cannot grant permission to install statues in public places and the formation of a 'Leaders Park' would be of much benefit to the youth of this country, as they can learn about their ideas and ideologies.

"Instead of installating statues of dedicated leaders in public places, this Court has elaborately considered the issues and directed the Government to identify the lands for creation of required number of “Leaders Park” across the State of Tamil Nadu for erection of new statues and for relocation/replacement of existing statues for which permission has already been granted. Accordingly, permissions have already been granted and the said statues are to be relocated in the “Leaders Park”." the High Court had said.

In its order, the High Court had further noted, "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.

Notably, in 2022, the Madras High Court had also stayed the erection of a Karunanidhi statute in Thiruvannamalai in "Girivalam" part near Arunachaleshwara Temple. The order was passed in the plea that proposed illegal construction would cause traffic congestion in that locality as lakhs of devotees of Arunachaleswarar Temple use the area as the pathway for “Girivalam”, a monthly ritual. Herein the High Court was told that DMK party men in collusion with the authorities have encroached the public land where a water culvert connecting the town water channel with a river called “Nochi Eri” is situated. It was further stated that during the monsoon season, the flow of water would be overwhelming and any construction over the channel would truncate or disrupt the flow of water and would flood the area.

It is also the case of the petitioner that the property has been acquired for the purpose of installing a statue or idol of M.Karunanidhi, former president of DMK. It was contended that the members of the party have not only accommodated the said 215 sq.ft of land for erecting the statue but an additional 300 sq.ft. of public area has been encroached upon and huge R.C.C. pillars have been erected, adversely impacting an already congested junction.

Case Title: THE STATE OF TAMIL NADU & ANR. vs. PALSAMY & ORS.

Order Date: September 22, 2023

Bench: Justices Nath and Mishra