A division bench of justice R Mahadevan and justice J Sathya Narayana Prasad made the observations while hearing an appeal preferred by G Balasubramani (appellant), president of the Devendra Kula Vellalar Uravin Murai based at Virudhunagar district.
The appellant had challenged the order of a single bench directing to remove the bronze statue of freedom fighter Immanuel Sekaran at Amaichiyarpatti village in the district.
The appellant stated that he had earlier filed a petition before the HC Madurai bench seeking permission to install a bronze statue of Sekaran in a patta land at the village. He stated that a cement statue was installed at the village in 1990.
Since the same was damaged during a riot in 1997, the petitioner had submitted a representation seeking to install a bronze statue in the village. Since the same was not considered, the petitioner had installed a bronze statue in September. However, the authorities had directed to cover the statue using a tin sheet since permission was not obtained from the authorities.
Taking into account that the statue has been installed illegally, the single bench had directed to remove the statue, keep it in a safe custody till proper permission is obtained.
Since the representation is pending before the collector, the bench had also directed the collector to consider the representation and pass appropriate orders on merits and in accordance with law.
Challenging the order, the petitioner had filed the present appeal. On Thursday, the state made submissions pertaining to incidents of communal violence in the area.
However, the counsel for Balasubramani submitted that the petitioner is willing to file an undertaking affidavit stating that till permission is obtained, the statue would be closed and no ceremonies would be performed. Taking cognizance of the submissions, the court adjourned the case by a week.