The Madras High Court allows its statute to be installed on private property

Repeal of notification issued by government authoritiesJustice M. Dhandapani he noticed that Fr. Stan Swamy made many efforts for the welfare of the tribal people. The court also noted that citizens have the right to erect monuments on their private property, and the only limitation is that their erection should not cause social conflicts. In the present case, the court found that the notice was incorrect and was therefore inclined to quash it.

“If the charge against a person is not proven, then the charge is invalid. In the case under consideration, Fr. Swamy State made greater efforts for the welfare of the tribals and the issue at hand was the erection of his statute/stone pillar on the private land of the petitioner. In principle, the law grants citizens the right to erect monuments on their private property. The only stipulation is that such erection of the monument should not cause conflict between the two communities or in a way that would hurt the feelings of a particular society. There is no legal impediment if it is permissible to build a statue on private patta land.” said the court.

Piyush Sethia prayed the court to quash the notification issued by the Tahsildar of Nallampalli Taluk and allow him to construct a stone pillar in memory of Fr. Stan Swami. Sethia told the court that he manages agricultural land and carries out agricultural activities and watershed development.

Sethia stated that in the forest, Coop taught about sustainable agriculture and lifestyle practices. He added that his mentor is the late Fr. Swamy and wanted to build a stone pillar to commemorate his life, but these efforts were interrupted by a notice from the authorities.

The state objected to this allegation and alleged that Sethia had attempted to expose the stone pillar without obtaining proper permission from the authorities. It was also alleged that the stone tablet refers to a person related to Naxals and Maoists and that it will disturb law and order in the area. The state also argued that recently tribal villages have turned into a paradise due to breeding of anti-social elements and anti-government ideologies, therefore unveiling the monument at such a sensitive place would cause clashes and communal tension.

However, the court noted that the issue of establishing a status on private land has already been well settled and the state cannot interfere with the private life of citizens and its right to establish any statute on private lands.

The court thus set aside the order of the Tahsildar and allowed the petition for erection of a stone pillar by Fr. Stan Swamy on his private property. The court also cautioned the petitioner to ensure that the public is not disturbed while constructing the stone pillar.

Stan Swamy died in July 2021 as a custodial trial in the Bhima Koregaon case, in which he was accused of having links with Naxalites.

Great person, respect his work: Bombay HC judge in Father Stan Swamy case

The petitioner’s representative: Dr. V. Suresh

Advisor for Respondents: Mr. U. Baranidharan Addendum. Government Prosecutor, Mr. L. Government of Baskaran Attorney (Legal Side)