IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED:11-11-2009
CORAM
THE HON'BLE MRS. JUSTICE PRABHA SRIDEVAN
and
THE HON'BLE MR.JUSTICE M. SATHYANARAYANAN
W.P.No.4609 of 2008
and
M.P.No.1 of 2008
P.N. Srinivasan, Freedom Fighter and
Founder Trustee of Gandhi Darshan
Kendra Chennai (Regd) No.1,
5th Cross St., Sarvamangala Nagar
Chitlapakkam, Chennai-600 064 .... Petitioner
vs
1. Government of Tamil Nadu rep by
its Secretary to Government,
Home Department, Fort.St. George
Chennai-600 009
2. The Government of Tamil Nadu rep
by its Director of Information and
Public Relations and Ex-Officio Joint
Secretary to Government
Tamil Development, Religious Endowments
And Information (Memorials) Department
Fort St. George, Chennai-600 009
3. The Union of India rep by its Secretary
Ministry of Environment and Forest
New Delhi
4. The Union of India rep by its Secretary
Ministry of Culture
New Delhi ... Respondents
Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Certiorarified Mandamus as stated therein.
For petitioner : Mr.R. Gandhi, SC
for Mr.R.G. Narendhiran
For respondents : Mr.M. Dhandapani
ORDER
(Order of the Court was made by PRABHA SRIDEVAN,J.,)
The prayer in the writ petition is to issue a Writ of Certiorarified Mandamus to call for the records relating to the order of the 2nd respondent in his Letter No.29025/Memorials/2006 dated 21.9.2006 communicated to the petitioner by the 2nd respondent in his letter No.44728/Memorials/2007-1 dated 24.12.2007 and to quash the same and to direct the respondents 2 to 4 to declare the name, the place opposite to Presidency College as “Thilagar Kattam” and also to erect a plaque informing the leaders who had addressed on the sands and importance of the place.
2. This writ petition is a Public Interest Litigation filed by a freedom fighter. On 11.9.2009, we passed the following order:
“A freedom fighter and the Founder Trustee of the Gandhi Darshan Kendra, has filed this writ petition seeking a direction to erect a plaque opposite the Presidency College near the historic place known as “Tilak Ghat” or “Thilagar Kattam”.
2. Learned senior counsel appearing for the petitioner became quite emotional at the delay in order being passed on the writ petition. The historical significance of “Thilak Ghat” has been explained in paragraph 2 of the affidavit filed in support of the writ petition and we are extracting the following portions thereof :
“This pertains to Triplicane “Tilak Ghat”, where the Tamil National poet Subramania Bharathi sang three National patriotic song to enthrall the audience of about more than 5000 people. This happened at Tilak Ghat at Triplicane. The silver bed of Marina Beach at Madras was the venue where the great national leaders like Balagangadhara Thilakar, Lala Lajpath Rai, Bipin Chandran Paul, Mahathma Gandhi, Subash Chandrabose, C.R. Doss, Mahakavi Bharathi, V.O. Chidambaram Pillai and others made their clarion call to the people of the land to raise against the British rules. In 1908, Subramania Siva, a core patriotic and friend of Subramania Bharathi have named this part of the Beach in Triplicane opposite to Presidency College as Tilak Ghat. The Government of Tamil Nadu has issued notification in the 40th Year of Independence in that, a special mention about the Thilakar Ghat has been made. Whenever Mahathma Gandhi visited Madras, he used to address big patriotic meeting at Tilakar Ghat. In 1919, March 18th and 20th, he delivered two speeches on his Sathiyagraha plans against British Government’s Rowlat Bill. Both the meetings were presided over by Shri S. Kasthuri Iyengar, Editor of the Hindu and Shri Vijayaraghavan, a leading lawyer. Due to Gandhiji’s ill health, his speeches were read by Mahadev Desai on both these occasions. In the same year, Gandhiji was invited to address a public meeting at “Thilakar Kattam” organised by Madras Sathiyagraha Sabha. During 1920, on August 12th, Mahathma Gandhi spoke on non-cooperation movement at the same venue, i.e., Tilakar Ghat opposite to Presidency College. The popular traveler and author Mr. A.K. Chettiar (1911-1983) Editor of Tamil Magazine “Kumari Malar”, wrote several articles with the caption “Under the foot step of Gandhi Annal”, where he has written about the meeting that had taken place at Thilakar Kattam. Tilakar Ghat is a place where great leaders have addressed meetings to attain independence. This place has a very great significance in our freedom struggle with a heritage value. Similar places in India were maintained by the Government of India, here is a place of importance and a monument. The future generation must have regard for the sacrifices made by the forefathers for the freedom for the freedom of the nation. Freedom movement of this country is not an ordinary event. It has national significance. This place opposite to Presidency College, Madras , on the Beach of Marina must be protected as a place of heritage connected to freedom movement of this nation, and the name given by the Tamil great poet Subramania Bharathi as Tilakar Kattam, in English “Tilakar Ghat”, must be remembered forever.”
It is also seen that great leaders of Tamil Nadu like Shri Sathiamoorthy, Shri Kamaraj, Shri Srinivasa Iyengar, Shri Subramania Siva, Mahakavi Bharathi, and others have gathered in this place and discussed about the freedom struggle of this country. It is in March 1819 that Mahadev Desai read out the sterling message from Mahatma Gandhi at Tilakar Ghat, where he called upon the people to make sacrifices and made two promises, one of which related to the withdrawal of the Rowlatt Bill. In 1987, on the occasion of the 40th Anniversary of India’s Independence, the Government of Tamil Nadu issued a Gazette Notification under the heading of “Tilak Ghat”, which is as follows :-
“The silvery sand bed of the Marina Beach at Madras on the Bay of Bengal was the venue where great National leaders used to address the people to arouse the national consciousness. Leaders like Bala Gangadhar Tilak, Lala Lajpat Rai, Bipin Chandrapal, Gandhiji, Subash Chandra Bose, C.R. Das, Poet Bharathi, V.O. Chidambaram Pillai and others made their clarion call to the nation to rise against the British rule from this place. In 1908, Subramaniya Siva, a compatriot of Poet Subramanya Bharathi, christened this point of the beach as Thilak Ghat. This place has witnessed the fiery, patriotic speeches of several national leaders and the fireless tides kissing the sand still lend luster to the soil touched by the great sons and daughters of Bharat Matha”.
Even in the minutes of the meeting of the National Committee for Celebration of the 125th Birth Anniversary of Mahathma Gandhi held in 1994, suggestions were made, which can be classified into the following four categories :
1. The need for a historical presentation which would tell the people about Mahatma Gandhi’s life and times;
2. Activities to make information about Mahatma Gandhi readily available and accessible;
3. Implementaion of various programmes emanating from Gandhian thought;
4. Undertaking activities to demonstrate the relevance of Gandhiji not only to India, but to the whole world.”
It is the earnest desire of the writ petiioner that the “Thilak Ghat” or “Thilagar Kattam” should be declared as a place of heritage and a huge inscription must be erected at this place so that the future generation knows the importance of this place and is reminded about the sacrifice of our freedom fighters, upon which alone our independence was founded.
3. The immediate grievance of the writ petiioner is that his request for declaration of this part of the beach as “Thilagar Katam” is negatived by the Government. The Government has inidicated that it, “is striving to bring back the lost glory and beauty of Marina Beach and has taken a policy decision in this regard, to maintain the entire stretch of the beach without any structure or construction”, and has initimated the same to the petitioner by their letter dated 21.9.2006, which was communicated to the petitioner on 24.12.2007.
4. In the typed set of papers filed by the petitioner, a xerox copy of the Commemoration Celebration of the 40th Anniversary of India’s Independence is enclosed, wherein it is seen that a National Committee consisting of Union Ministers, Chief Ministers, Governors, leaders of political parties and eminent figures from all walks of life has been constitued to provide guidelines to the Government and to identify programmes which would re-acquaint our people, especially the youth, with the saga of our freedom struggle which our leaders symbolised. Following this, a State Level Committee was also formed and we find the name of the Honourable Chief Minister of the State of Tamil Nadu as a Member of the said Committee at Sl. No.15. Amongst the programmes and schemes approved by the Commitee, one related to Tilak Ghat. The typed set of papers also contains a proforma of what should be inscribed in the plaque.
5. On 29.6.2004, the same writ petitioner had filed a writ petition for erection of a proper monument at Tilak Ghat and this Court had directed the Chief Secretary of the State to dispose of the representation of the petitioner in this behalf within four months. However, nothing appears to have been done since then.
6. Learned senior counsel appearing for the petitioner referred to the Fundamental Duties enshrined under Article 51A of the Constitution of India which are enumerated hereunder :
"51A. It shall be the duty of every citizens of India (a) To abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem; (b) To cherish and follow the noble ideals which inspired our national struggle for freedom; etc."
Learned senior counsel also submitted that the present generation must not forget history. He stressed the importance of Bharathiar’s poems like “vd;W jzpa[k;; ,e;j Rje;jpu jhfk;”. He feared that the future will forget Gandhiji, Tilak and others. His prayer in the writ petition is a step in this direction.
7. Learned Special Government Pleader submitted that a policy decision has been taken by the State Government to maintain the Marina Beach without any structure or construction. This statement is recorded.
8. He further submitted that in fact, the Government of Tamil Nadu respects the memory of freedom fighters and noble leaders by maintaining 46 memorials, three auditoriums, five commemoration pillars and one memorial park and the Government of Tamil Nadu has always honoured and respected the memories of great leaders. He has also brought to our notice that a proposal has been forwarded for putting up the plaque and submitted that it will be possible for him to report to this Court a positive outcome, if some time is given.
9. Learned senior counsel appearing for the petiioner submitted that even if a policy decision has been taken that in future there will not be any construction on the Marina Beach, there cannot be any objection to a plaque being put up which is visible to all. The learned senior counsel also submitted that inspite of his representation, a statue has been put up on the same stretch and he has also filed a writ petition in that behalf, which is pending before this Court.
10. However, the learned Special Government Pleader is quite vehement in stating that there is a policy decision of the Government that the beauty of the sands of Marina Beach will not be marred by any construction. Even if that be so, there cannot be any difficulty in declaring that stretch of sands in front of the Presidency College as “Tilak Ghat” or “Thilagar Kattam”, since no construction is required for such a declaration and no monument needs to be be erected. It only requires the will of the State. We also suggested to the learned Special Government Pleader that 26th January, 2010 will be the 60th Anniversary of the day on which we became a Republic and it might be a good occasion for the State to come forward on its own to commemorate the day, by putting of the plaque at the “Thilak Ghat” or “Thilagar Kattam”. We are sure that there will be a positive direction when the matter is taken up on 9th October, 2009.
11. Post the writ petition on 9th October, 2009.
3. Today, the learned Special Government Pleader has produced a letter No.7774/Memorials/2008-12 dated 9.11.2009 dated 9.11.2009 which is extracted as follows:
Tamil Development, Religious Endowments and Information (Memorials) Department, Secretariat, Chennai-600 009
Letter No.7774/Memorials/2008-12, dated 09.11.2009
From
Thiru G. Mutusamy, I.A.S., Secretary to Government
To The Government Pleader, High Court, Chenai-104
Sir,
Sub:Declaration of the Beech opposite to Presidency College, Madras as Thilakar Kattam a place of Heritage Regarding
Ref:1. Freedom fighter and Executive Trustee of Gandhian Dharsan Kendra, Thiru.P.N. Srinivasan, Chennai Writ Petition No. 4609 of 2008
2. Government Letter No.7774/M/2008-2 dated 8.4.2008.
Thiru.P.N. Srinivasan, Freedom fighter and Founder Trustee of Gandhian Dharsan Kendra, Chennai in his Writ Petition No.4609 of 2008 has requested to declare the place of the Beech opposite to Presidency College, Madras as Thikakar Kattam a place of Heritage.
2. In the order dated 11.9.2009, Special Government Pleader has suggested the Government to declare the stretch of sands in front of the Presidency College as “Thilagar Ghat or”Thilakar Kattam” and to commemorate the 26th January 2010, the 60th anniversary of the day on which we became a Republic by putting of the plaque at the “Thilagar Ghat” or Thilakar Kattam”.
3. Government after careful consideration has decided to declare the stretch of sands in front of the Presidency College as Thilagar Ghat or “Thilakar Kattam” without any construction and to commemorate the 26th January 2010 the 60th anniversary of the day on which we became a Republic by putting two plaque (English and Tamil) at the “Thilagar Ghat” or “Thilakar Kattam”
4. The Honourable High Court may be appraised accordingly.
Yours faithfully
for Secretary to Government
4. We are happy to record that the Government has decided to remember the freedom fighters in this fitting manner. We also record our appreciation of the spirit, in which, the learned Special Government Pleader Mr.M. Dhandapani has played his role in the happy conclusion of this writ petition. We record our appreciation of Mr.R. Gandhi, learned senior counsel who repeatedly insisted that history should not be forgotten and if we forget our freedom fighters, then the significance and meaning of the freedom struggle of our country will be lost, and that future generations should always remember with gratitude the sacrifices of these great leaders. We also note that the Government has responded in the appropriate spirit to this writ petition.
5. Accordingly, the writ petition is disposed of recording the letter dated 9.11.2009. No costs. Consequently, connected MP is closed.
sr
To
1. The Secretary to Government,
Government of Tamil Nadu
Home Department, Fort.St. George
Chennai-600 009
2. Director of Information and
Public Relations and Ex-Officio Joint
Secretary to Government
Tamil Development, Religious Endowments
And Information (Memorials) Department
Government of Tamil Nadu
Fort St. George, Chennai-600 009
3. Secretary,
The Union of India
Ministry of Environment and Forest
New Delhi
4. Secretary
The Union of India
Ministry of Culture
New Delhi