If No Permission Needed To Erect Stone Pillar For Stan Swamy, No Permission Required For Erecting War Memorial Stupa: Madras High Court

The Madras High Court recently remarked that if no permission was necessary to erect a stone pillar for honouring Stan Swamy in patta land, no such permission was necessary for erecting a war memorial also.Justice GR Swaminathan thus allowed the construction of a stupa for honouring the Natham Kanawai War.The judge recalled that in a recent order, the High Court had allowed construction of stone pillar for Stan Swamy with his picture, in a private patta land. The court noted that while many saw swamy as a fighter for tribal rights, it was also true that he was arrested in a UAPA case and died in prison. The court then remarked that if no permission was necessary for that construction, it wasn't necessary for a war memorial also.“It is true that Stan Swamy is seen as a fighter for tribal rights by sections of society. But the fact remains that he was an accused in a case arising under UAPA. He died in prison. If for erecting stone pillar in memory of Stan Swamy permission is not required, certainly, no permission is required for erecting a stupa in memory of Natham Kanavai battle,” the court said.The court was hearing a petition filed by the Managing Trustee of the Thannarasu Kallar Nadu Charitable Trust, Siva Kalaimani Ambalam. Ambalam had sought permission to erect a memorial stupa in the patta land. The Tahsildar rejected the request. Challenging this, the present plea was filed.The authorities submitted that the request was rejected considering the upcoming parliamentary elections and there was no other reason.The court was however not inclined to subscribe to the stand taken by the State. The court observed that the petitioner only wanted to erect a stupa to commemorate the victory of native forces over the colonial forces. The court added that such events must be celebrated and preserved.The court observed that it was incorrect to assume that the freedom struggle commenced after 1905 under the leadership of a single leader or organisation. The court added that Tamil Nadu had contributed singularly to the freedom struggle.The court noted that the Natham Kanavai battle was one in which the Melur Kallars confronted the English troops in 1755 when the troop looted the Thirumogur (Koilkudi) Temple and took away the brass idols. The court noted that members of the Kallar community had gathered and attacked the troops when they were passing through Natham Kanavai, and retrieved the idols.The court observed that every such victory obtained at great cost and against impossible odds should be relished and the memory of the martyrs should be honoured.The court thus quashed the memo by State and allowed the petitioner to erect statue at the patta land.Counsel for Petitioners: Mr. S. Ramsundarvijayraj, for Mr.V.Kaviyarasan Mr. SaravanakumarCounsel for Respondents: Mr. R. Ragavendran, Government Advocate, Mr. A. Albert James, Government AdvocateCase Title: Siva.Kalaimani Ambalam v. The District Collector and OthersCitation: 2026 LiveLaw (Mad) 3Case No: W.P.(MD)No.34220 of 2025Click here to read/download the judgment

If No Permission Needed To Erect Stone Pillar For Stan Swamy, No Permission Required For Erecting War Memorial Stupa: Madras High Court

Upasana Sajeev

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