GOVERNMENT OF PUDUCHERRY
IN THE COURT OF SUBDIVISIONAL MAGISTRATE, KARAIKAL
M.C. No. 437/2019, dated 02-12-2019
Present : M. ADHARSH,
Subdivisional Magistrate, Karaikal.
PROHIBITORY ORDER
UNDER SECTION 144 OF Cr.P.C.
Whereas, the Hon’ble Supreme Court of India in its Order in a Special Leave
petition to Appeal (Civil) No. 8519/2006, dated 12-01-2013, has directed that
“Henceforth, State Government shall not grant any permission for installation of any
statue or construction of any structure in public roads, pavements, sideways and
other public utility places”.
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No.
218 Poudouchéry
Mardi
3
Décembre
2019 (12 Agrahayana 1941)
No.
Puducherry
Tuesday
3rd
December
2019
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LA GAZETTE DE L’ETAT
[ PART-I
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2. Whereas, it has been made to appear to me by the report furnished by
the Assistant Director (Survey and Land Records), Branch Survey Office, Karaikal
that a statue has been installed in the land located at RS.No. 122/3 pt. of Neravy
Revenue Village which is classified as a GP-Pathway in the revenue records.
Further, a portion of the statue also falls in RS.No. 123/11 pt. for which no permission
has been obtained from the authorities concerned.
3. Whereas, the Commissioner, Commune Panchayat, Neravy, has made it
clear in his report that the Commune Panchayat “U” drain adjacent to the statue has
been illegally closed without prior permission.
4. Whereas, the Superintendent of Police, Karaikal (South), has made it
clear in his report that the installation of a statue in the land located at RS.No. 122/3 of
Neravy Revenue Village would lead to competitive statue building which may lead
to disturbance of public peace, tranquility and communal harmony.
5. Whereas, having considered all the information placed before this Court,
I am fully satisfied that the situation prevailing in Neravy Revenue Village within
the jurisdiction of this Court requires, invoking of provisions as contained under
section 144 of Cr.P.C.
6. Now, therefore, in exercise of the powers as conferred on, by the
provisions as contained under section 144 of Cr.P.C., I, M. Adharsh, Subdivisional
Magistrate of Karaikal, make the following written orders for strict compliance by
the general public that:–
(i) There shall be no activity involving installation, inauguration,
construction and garlanding of any statue in public places situated in Neravy
Commune Panchayat. Government functions, religious functions and other functions
with the express approval of the Government shall be exempted from this clause.
(ii) There shall be no new construction of statues of National/Public
Personalities in public or private places. In case of construction of statues in private
places, prior approval of the District Magistrate has to be obtained.
(iii) There shall be no unlawful gathering of four or more persons in
violation of this order in the area under the jurisdiction of this Court.
(iv) Any member of the public found to violate this order shall be
punished under section 188 of IPC.
(v) This order comes into force with immediate effect.
As the Notice cannot be served individually on all concerned, the order is
passed ex parte. This shall be published for the information of the public by affixing
copies on the notice-board and all the offices located within the Neravy Commune
Panchayat, including every public places.
Given under the seal of this Court on the 02nd day of December, 2019.
M. ADHARSH,
Subdivisional Magistrate, Karaikal.
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