In a judgment that blended constitutional rights with historical memory, the Madurai Bench of the Madras High Court on Tuesday allowed a writ petition seeking permission to erect a memorial stupa commemorating the 1755 Natham Kanavai War. The Court set aside the Tahsildar’s refusal and held that no prior government permission is required to install such a memorial on private patta land.
Background of the Case
The petition was filed by Siva Kalaimani Ambalam, Managing Trustee of Thannarasu Kallar Nadu Charitable Trust. He challenged an order passed by the Tahsildar, Natham, in May 2024, which denied permission to erect a memorial symbol for the “Natham Kanavai War” on privately owned land in Puthur Village, Dindigul district.
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According to the petitioner, the proposed stupa was meant to honour a lesser-known but significant historical event from 1755, when local Kallar warriors confronted British troops at the Natham Pass while attempting to retrieve temple idols looted by colonial forces.
The authorities had earlier cited administrative reasons, including the then-upcoming parliamentary elections, for refusing permission.
Court’s Observations
Justice G.R. Swaminathan, who heard the matter, delivered a detailed order reflecting on the importance of remembering local resistance movements against colonial rule.
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“The victories of native forces over colonial powers deserve to be celebrated and preserved as part of our historical memory,” the judge observed during the hearing.
The Court noted that the memorial was proposed on patta land and not in a public place. It emphasised that, in the absence of any specific law regulating such memorials on private land, executive instructions alone cannot restrict a landowner’s rights.
Referring to Article 51A of the Constitution, the bench underscored the duty of citizens to cherish the ideals that inspired India’s freedom struggle. The judge also remarked that many early resistance movements, particularly from Tamil soil, remain under-recognised.
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Permission Not Required on Patta Land
The Court rejected the State’s reliance on recent government orders dealing with statues and memorials, pointing out that those instructions largely apply to public spaces. It reiterated its earlier rulings where it had consistently held that no prior approval is required for erecting statues or memorials on private land unless a specific statute mandates it.
Quoting from an earlier judgment, the bench noted, “
Just as one’s home is his castle, one’s land is his fiefdom. The State can interfere only through due process of law.”
The judge also observed that there were no law and order concerns associated with the proposed stupa.
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Delay Not a Bar
Although the writ petition was filed after some delay, the Court declined to dismiss it on that ground. It held that as long as the impugned order remained in force, the petitioner’s right continued to be affected, making the doctrine of delay inapplicable in this case.
Final Decision
Allowing the writ petition, the Court quashed the Tahsildar’s order and granted liberty to the petitioner to erect the memorial stupa commemorating the Natham Kanavai War on the specified private land. No costs were imposed.
Case Title: Siva Kalaimani Ambalam v. District Collector, Dindigul & Others
Case Number: W.P.(MD) No. 34220 of 2025
