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IN THE HIGH COURT OF JUDICATURE AT MADRAS (Special Original Jurisdiction)                         W.P.No.                                                      of 2023 L.K.Charles Alexander M/a 40 பொன்னியின் செல்வன் படத்தை உருவாக்கியுள்ளதாக கூறி இயக்குனர் மணிரத்னம் மீதான புகாரில் நடவடிக்கை எடுக்க மத்திய அரசிற்கு உத்தரவிடக் சென்னை உயர் நீதிமன்றத்தில் மனுத்தாக்கல் செய்யப்பட்டுள்ளது.

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

(Special Original Jurisdiction)

W.P.No.                                                      of 2023

 

L.K.Charles Alexander M/a 40

S/o Lawrence Kannan,

Flat No.27/1,Welcome colony,

1st Street,  Anna Nagar West,

Chennai-600 101

….   PARTY-IN-PERSON

 -Vs-

  • The Secretary To the Government,

Government Of India,

Ministry OF Culture,

502-C Wing,Shastri Bhavan, New Delhi-110001.

 

  • The Director General Of Archaeological Survey Of India, Dharohar Bhavan,24 Tilak Marg, New Delhi-110001.

 

  • The Chair Person,

CBFC

Film Division Complex,

Phase-1 Building,

9th Floor,Dr,G.Deshmukh Marg,

Mumbai-400026

 

  • The Secretary to the Government

Government of Tamil Nadu,

Fort.St.George, Secretariat,

Chennai-600 009.

 

  • The Chief Secretary to the Government

Government of Tamil Nadu,

Fort.St.George, Secretariat,

Chennai-600 009.

 

6]Regional Office,

CBFC,

5th floor,

Shastri Bhavan,

26-Haddows Road,

Chennai-600 006

 

  • The Director General Of Police,

Dr.Radhakrishnan Salai,

Mylapore,

Chennai-600 004

 

  • The Commissioner Of Police,

8Greater Chennai,

Vepery,

Chennai-7

9]Director.Maniratnam,

Madras Talkies,

No.15/8,Cresent Avenue,

Kesavaperumalpuram,

Gandhi Nagar,

Rajaannamalai Puram,

Chennai- 6000 20                                           …Respondents

 

 

AFFIDAVIT OF THE PARTY -IN -PERSON

 

I, L.K.Charles Alexander, Son of  B.Lawrence Kannan, Christian aged about 40 years residing at no.27/1,Welcome Colony,Anna Nagar West, Chennai-600 10,sincerely state as follows:-

 

  • I am the petitioner herein and as such I know the facts and circumstances of the case.

 

  • I humbly submit that I am the Practicing Lawyer before this Hon’ble Court and also in various court in Chennai City and I am having my office at Door.27/1, Welcome Colony, Anna Nagar (West), Chennai-600 101 a copy of PAN card issued by the Income tax department, Chennai and a copy of

Aadhar Card and Copy of Advocate identity Card has been placed in the typed set of papers.  I have enrolled with the Bar Council of Tamil Nadu and Puduchery and my Enrollment Number is E.No.253 of 2015.  After the said Enrollment I have practiced as Junior with my Senior up to the year, 2018 and thereafter, I have started my independent practice by attending various cases in all courts in Chennai City and I have no personal interest in this particular case and for public cause this petition is filed without any personal gain or oblique motive in my own funds and earlier I have filed Two Public interest petition before this Honble Court vide.W.P No.5182 of 2018 which is closed with observation and W.P no.10046 of 2020 is still pending as notice regarding admission.

 

  • I humbly submit that I am residing in the above said address and I am practicing as an advocate in Madras High Court and on 30.09.2022 I watched the movie Ponnyin Selvan-1which was directed by the director

Mr.K.Maniratnam and it was widely released on 30.09.2022 all over the world and it was pretended to be taken from a Novel namely Ponniyin Selvan written by Mr.Kalki Krishnamoorthy  but the  said director Mr. K.Maniratnam  had made Distortion of Indian history of the great chola dynasty while all the historical things which belongs to the country and the 1st and 2nd respondent are responsible for Distortion of the history.

 

  • I humbly states that an important role in the Film directed by

Mr.K.Maniratnam  was Vandthiyathevan Character and the said Vandhiyathevan was the husband of Kundavai the sister of Raja Raja Cholan and it has been recorded in all the records available with the 1st and 2nd respondent and the said Vandhiyathevan name is abused by the director in the movie and the history of the great Raja Raja Chola Dynasty have been misused for the purpose of personal gain of the said Director and more over the Tanjore temple built by the Raja Raja Chola 2 has been recognized as the Heritage site by the UNESCO and it was a pride to our country and there are also inscriptions about the said Commander in chief Vandhiyathevan in the Tanjore Temple .

 

  • I humbly state that the History is the back bone of the country and distortion of Indian history and infringement of copy right act is made  by the director K.Maniratnam and it is  a bounden duty of the director to make an research while making an commercial movie with regard to History and in this particular case said director assumes that he taken the movie from the Novel Ponniyin Selvan which was written by the One Mr.Kalki Krishnamoorthy but the story of the director imitates that original name and character which are Historical and in the control of the 1st and 2nd

 

  • I humbly submit that the india is based only on a country of several history and the history and it is very important to all the citizens of the country to safeguard the History and the History of the Raja Raja Chola is a remarkable thing in the history of india and the war tricks of the Great Raja Raja Chola is praised today by all the historians as wells as the public the movie Named as Ponniyin Selvan which was promoted as PS-1 for commercial gain as disrespected the value of the great chola dynasty and it is intentionally made by the director to Distort the History.

 

  • I humbly submit that the important aspect is the law should be common for all and the history is common for all and it cannot be used commercially for the purpose of gaining money and the 1st and 2nd respondent are responsible for the History which as to be preserved in the country and chola dynasty was one of the longest-ruling dynasties of the world,the mention of chola dynasty can be found in the inscriptions of Ashok dating back to 273 BCE-232 BCE and the Chola Dynasty was one of the three crowned Kings of Tamilnadu the other being Chera and Pandya and the Ponniyin Selvan novel was released in 1955 in the form of the book and now the director assumes that he had taken the movie from the Novel but the Historical distortion is made by both the author of the Novel A swell as the Director of the movie PS-1.

 

  • I further state that the most successful of the Chola kings was Rajaraja I, under his leadership the chola empire extended to the southern peninsula, Srilanka, Malabar Coast, Lakshwadeep and the Maldives to Gangetic Plains in the North. The Chola dynasty is credited with building temples of brilliant architectures such as the Brihadisvara temple at Tanjavur, the cholas possessed a fleet of ships and it is pertinent to note that the regin of the cholas began in 9th century when they defeated pallavas to come in to power, this rule stretched over for over five long centuries until the 13th

 

  • I further state that the early periods of the chola rule saw the onset of the sangam literature.kantaman is the prominent ruler of this era.the medieval period was the era of absolute power and the development of the cholas.This is when kings like Aditya I and parantaka I from here Rajaraja Chola and Rajendra Chola further expanded the Kingdom into Tamil region.Later Kulothunga Chola took over Kalinga to establish a strong rule,this magnificence lasted until the arrival of the pandiyas in the early 13th century

.

 

  • I further state that the society and its culture saw massive developments in the reign of the cholas.In this era the temple was the main centre for all social and religious meetings the surroundings of this region became a school for folks where holy scriptures and the ancient Vedas were taught to students, This also was a secure place in times of warfare and political uproar, The societal structure at this time was divided amongst Brahmins and non Brahmins several gods and goddesses were worshipped with shiva being a popular source of strength for faithful there are links of the relevance of the chola empire with the trimula diety at Sri Venkateshwara temple the religious roots of the chola empire go far back in this time and it is pertinent to note that the srirangam temple stands to be a highlight from this era and it was sub-merged with water for centuries and was renovated later to its former glory.

 

  • I further state that the art and religion and literature benefited greatly during this period several temples were built across the banks of the kaveri river thanjur still stands to be the biggest and tallest amongst all the temples in india of all time and the tanjore brihadeeswara temple is adorned with natural colour paintings that are the feast to our eyes even today, Several of these sites have been classified as world heritage sites by UNESCO which includes Brihadishvara temple,the Gangaikondacholisvaram and the Airavatesvara temples sculpture and wrts were seen every were during this reign and it is pertinent to note the sculptures of gods and goddesses like shiva, Vishnu and lakshmi have been carved out of bronze and serve as a golden reminder of this period and literature was another crucial highlights of this period.

 

  • I further state the Nalaayira Divya Prabhandam from this period is a compliation of 4000 tamil verses and is widely savoured by literary by literary scholar even today and during the governance by the cholas,  the entire southern region was brought under the umbrella of a single governing force the cholas ruled in a sustained monarchy the chola empire consisted of current day territories i.e as Tiruchirapalli,Tiruvarur,peraqmbalur,Ariyalur, Nagapattinam, Pudukottai,Vridhachalam,Pichavaram and thanjavur districts of tamilnadu, Here the massive kingdom  was divided into provinces which were known as mandalams  and separate governors were held in charge for each mandalam which consisted of each tehsils the system of rule  was such that each village acted as a self- governing unit during the era, poetry,literature and drama the administration was seen investing in the construction of several temples and complaexes with sculptures and paintings the king remained the central authority who would make the major decisions and carry out the governance.

 

  • I further state that the chola had an excellent system oof administration the emperor or king was at the top of the administration the extent and resources of chola empire increased the power and prestige of monarchy, the big capital cities likes tanjore and gangaikondacholapuram, the royal courts extensive grants to the temples reveal the authority of the king, they undertook royal tours to increase the efficiency of the administration and there was elaborative administrative machinery comprising various officials called perundanam and sirundanam  and the land and revenue department was well organsied.It was called as puravuvarithinaikkalam and all the land were carefully surveyed and classified for assessment of revenue the residential portion of the village was called urnattam and the land belonging to the temples were exempted from tax  and beside land revenue  there were tolls and customs on goods taken from one place to another, various kinds of professional taxes,dues levied on ceremonial occasions like marriage and judicial fines during the hard times and there were remission of taxes and kulothunga I became famous by abolishing tolls and earned the title – Sungam Thavirtha Cholan, the salient feature of the government expenditure were the kong and his court, army and navy,roads,irrigation tanks and canals.

 

  • I further state that the cholas maintained a regular standing army consisting of elephants,cavalry,infantry and navy about seventy regiments were mentioned in the inscriptions the royal troops were called kaikkolaperumpadai and in this there was a personal troop to defend the knig knwn as velaikarar and attention was given to the army and military cantonments called kadagams existed, The cholas paid special attention to their navy and it is pertinent to note that the naval achievements of tamil reached its climax under the cholas and they controlled the Malabar the provincial administration of the chola Empire was divided in to mandalams and each mandalam into valanadus and nadus and in each nadu there were a number of autonomous villages the royal prince or the officers were in charge of the mandalams the valanadu was under periyanattar and nadu was under nattar,the town was under the administration of Nagaratar which was known as nagaram,the syatem of village autonomy with sabhas and their committee developed through the ages and reached its culmination during the chola rule.Two inscriptions belonging to the period of parantakka is found at utiramerur.

 

  • I further state that apart from the Vedas and epics, subjects like mathematics and medicine were taught in these institutions endowment of lands was made to run these institution the development of the tamil literature reached its peak during the chola period it is pertinent to note that sivakasinthamani written by thiiruthakkadevar and kundalkesi belonged to 10th century the Ramayana composed by kamban and the periyapuranam by sekkilare are the two master piece of this age and jayankondars kalingattuparani describes the knalinga war fought by kulotunga I,the moovarulu written by ottakuthar depicts the life of three chola kings the nalvenba was written by pugalendi the main important things developed in the period of cholas.

 

  • I further submit that there were many temples in the regime of chola and early chola temples were found at narthamalai in pudukottai district and at srinivasanallur in tiruchirapalli district and it is pertinent to note that the Big temple built at tanjore by Rajaraja -I is a master piece of south Indian art and architecture and the vimana,ardhamandapa,Mahamandapa,mahamandapa and a large pavilion in the front known as Nandimandaba another otable constribution made by the cholas to temple architecture is the siva temple at Gangaikondacholapuram built by Rajendra-I and the Airavatheshvara temple at darasuram in Tanjore District and the kampaharesvara temple at tirubhuvanam are example for later chola Temple it is pertinent to note that the chola had made rich contributions to the art of sculpture.

 

  • I further state that gangaikondacholapuram now in the udayarpalayam tauk of tiruchi district was created as the capital of cholas by  Rajendra I,the son and successor of Rajaraja I, The grear chola who conquered a large area in south india at the beginning of 11th century A.D it oocupies an important place in the history of india, As the Cholas from about 1025 A.D for bout 250 years the city controlled the entire south india,from the tungabadra in the north to Ceylon in the south and the great temple of siva and the great temple of tanjore in its monumental nature and surpasses it in sculptural quality.

 

 

  • I further state that rajendra ascended the throne in 985 A.D under the care and guidance of his father he grew up as the most powerful general in tamil history, when once twenty years old ,he led a chola army into the heart of the western chalukya knogdom he was called Narmadi Chola Rajendra Vidhyadhara and the ornament of the chola race in this  campaign Rajendra is said to have advanced as far north as Bijapur District with an army of 900,000 and as a result territories upto Rattapadi were annexed to chola empire,He also identified with panchavan maraya,  who served as mahadandanayaka of the vengi and ganga countries.

 

  • I further state that between March 27th and july 7th,1012 A.D Rajendra was chosen heir apparent by Rajaraja, Rajendra jointely ruled with his father for nearly four years till 1016 A.D when Rajaraja passed away the rajendra inherited from his father an extensive empire comprising the whole of the modern madras and andra and parts of mysore and the island of Ceylon,The administration had been carefully organized and a fairly powerful bureaucracy brought in to existence the hold on Ceylon and some other island likes the maldive island was securely maintained by a powerful naval force which also served to protect the considerable overseas trade of the empire with the island of the east indies and with china.

 

  • I further state that the chola empire had ruled the south india with due care and passion and in 1054 at an advanced age the chola army fought against the chalukyas at Koppam on the banks of the tungabadra, the great radhadhiraja was mortally wounded while he was seated in his elephant and it is pertinent to note that the temple of gangai kondacholapuram is approached through the northern entrance from the road the passage pass through the enclosure wall and leads on to the inner court,as one steps in the great Vimana arrests the visitors sight,The Vimana with its recessed corners and upward movement presents & Striking contrast to the straight sided pyramidal tower of tanjavur.

 

  • I further state that the main temple consists of a sanctum tower called Sri vimana or Sri Koil a big rectangular Mandapa called the Mahamandapa with an intervening vestibule called Mukhamandapa the sri vimana consists of the following parts beginning with the lowest basement

 

  1. The basement
  2. The Base
  3. The wall
  4. The roof Cornice
  5. The garland Of miniature Shrines
  6. The storeys
  7. The neck
  8. The crown
  9. The finial

 

  • I further state that the architectural treatises,Basements are introduced in temples to increase the height of the main tower to add to structural stability and to make the temple tower majestic, that these purposes are magnificiently fulfilled by the basements of both the Tanjavur temple and Gangaikondacholapuram temple may be noticed even by a casual visitor not conversant with architectural principles, besides the purpose mentioned above the basement also provides a space to walk around the tower,this temple is ornamented with sculptures of lions and leogriff with lifted paws.

 

  • I further state that the prominent Author of book ANCIENT INDIA which was written and published in the year 1911 by Shri S.Krishnaswami Aiyangar,M.A is the standing witness of the political history of the chola Empire and a phenomenol introduction was given by the Vincent A.Smith the Author of the “Early History of India” and he describes it as the most important and generally interesting chapter in the book is the sixth (page90 to 191),which gives an admirable abstract of the political history of the cholas,with a detailed account of their system of government and village administration,well deserving of attentive study ,the chola dynasty was singularly prolific in kings of more than ordinary capacity,from the middle of  the nineth century to the end of the reign of kulottunga in A.D.1118,It is clear from the detailsthat the administration of the kingdom was’Highly systematized’ from an early date,  the land under cultivation were carefully surveyed and holdings registered.

 

  • I further state that the great cholas were great builders; builders not only of cities and temples but also of useful irrigation works and the chola kings contributed for the development of the literature,art and it is pertinent to note that all the historical evidence available in the book clearly shows that the chola empire would have given much important to the adminstatrion,cultivationand care on the public and the existence of the chola empire is available in the records of archaeological survey of india as an record and it stands as the witness for the existence of the chola dynasty.

 

  • I further state that the Archeological survey of India, Central Archeological Library vide Accession No.57366 and CALL no.726.145095451/Nag the great GANGAIKONDACHOLAPURAM written by R.Nagaswamy and published by the state Department of Archaeology, Government of tamilnadu in the year 1970 is maintained as treasure and the entire chola empire history and their work towards the literature is carved in words and it is the record of the Archeaological survey of India records and it has been explained in X chapters.

 

  • I further state that It is always important not to assume history and take inputs from fiction. As fiction may seem too interesting and highly misleading. And in this particular case the inscriptions stands witness for the history of cholas,In the majority of inscriptions depicting the donations by Raja Raja I’s elder sister Kundhavai to Tanjavur Brihadeeswarar Temple (Thanjai Peruvudaiyar), Kundhavai is described as “Sri Raja Raja Thevar Thiruthamakaiyar Vallavaraiyar Vandhiyathevar Maadeviyar”.There is also an inscription in Gopurapatti, where kundavai during the reign of her younger brother Raja Raja donates to Gopurapatti Amaleeswarar temple for poojas to be done during the birth star of herself and her brother. In this inscription, Kundhavai is described only as Udaiyar Sri Raja Raja Devarkku Mun Pirandharulina Azhwar Sri Kundhavai Piratiyar and it also stands witness of the History of the Chola dynasty.

 

  • I further state that From this inscription we can learn that even after the Raja

Raja I had come to power, kundhavai was called in inscription without a mention of Vandhiyathevan which means she was not marriedat that time and then as it is a custom to mention the name of husbands while describing a royal lady in inscription. Thanjai Peruvudaiyar temple was built somewhere in the 24-25th regnal year of Raja Raja Chozha (1010 AD) and at that time in inscriptions, Kundhavai is mentioned with her husband name – Vallavaraiyar Vandhiyathevan.

 

  • I further state that In few inscriptions, vandhiyathevan is also described as simply, “Vallavaraiyar” in the inscriptions where in some places interpreted as Pallavaraiyar and it was decided that he is a pallava king. This is not right as in the majority of the inscriptions the letter “va” is quite clear and it is Vallavaraiyar only. Also, the araiyar in the name denotes “King” and Vallavaraiyar must be understood as the king of Vallam. From the transliteration of his name and from the fact that he was given the hand of Raja Raja I’s elder sister Kundhavai in marriage, it can be easily said that he was definitely coming from a big clan which were a ruling decent size of a kingdom.

 

  • I further state that There is one another interesting inscription during the reign of Raja Raja I in thirumalavadi near udaiyar palayam where there is a donation for burning lamp by a senior queen named Ilangon Picchi. Ilangon Pichi is mentioned as the daughter of Vallavaraiyar. Inscription describes the queen as “Mootha Deviyar…..Vallavaraiyar Magalar Ilangon Pichi”.An inscription from the Jalanatheeswara Temple at Takkolam mentions a vallavaraiyar who was a son-in-law to Parantaka I named Govinda Vallavaraiyar. There was a rashtrakuta king named govinda and it is common for them to have names like Govinda Vallabha whose equivalent in tamizh would have been Govinda Vallavaraiyar. Hence, he could have been a prince from rashtrakuta who had married chozha princess (Viramadeviyar) or a simple chieftain from the thondai mandalam itself. Also this Vallavaraiyar and Viramadeviyar could be the ancestor to the Vallavariyan Vandhiyathevan as well.

 

  • I further state that the Antiquity of Vallathu Araiyargal traced through sangam literature,There is one interesting poem from Agananooru which caught my eyes and following are the key lines from it,

“நல் தேர்க் கடும் பகட்டு யானைச் த ாழர் மருகன் நநடுங் கேிர் நநல்லின் வல்லம் கிழதவான்

 

This poem by Paranar describes the antiquity of the Vallam kings who came in the lineage of Chozhas who were having mighty chariots and war elephants. This poem throws the light on the relationship between the vallam kings who were ruling a small kingdom in the thondai mandalam and the mighty early chozhas. There is an ancient temple town in the Thondai Mandalam which is in between Gudiyatham and Ranipet called thiruvallam. This temple town is the house of Sri Vilvanatheeswarar Temple. This is very ancient town and is known from the times of the sangam age which is roughly 2000 years back. It can be said for sure that the Vallavaraiyan Vandhiyathevan must have been from this ancestry and was from a family of ancient chieftains from the Tamizh Region.

 

  • I further states that Antiquity of the Vallam region can be understood from one more sangam poems from Agananooru by Marudham Paavai Kottilar, “நவன் தவல் மாரி அம்பின் மனழ தோல் த ாழர்

வில் ஈண்டு குறும்பின் வல்லத்து புற மினை ஆரியர் பனையின் உனைக”

 

“The chozha army consisted of arrowman who shot their arrows like rain and had stopped a northern invasion near the forest of Vallam”There are few more such poems from sangam literature which speaks of the Valour and Generosity of the kings of this region. Banas (Vanavarayar) vs Vallar (Vallavaraiyar) and their influence in Thiruvallam :Thiruvallam before the Raja Raja I’s reign was controlled by Banas and was called as Vana Puram. This was part of the district Perumbanapadi and had a town in it also called as Vanasamudram. These bana kings describe themselves to have descended from mahabali and were initially ruling the adjoining areas of Andhra and Karnataka regions (and were feudatories to pallavas) and later on settled in present day thiruvallam during the pallava reign. Parantaka I after a war in thondai mandalam had taken out the territories ruled by Banas and gave them gave them to Ganga King Prithvipathi II. This transfer of power from Bana to Prithvipathi had created ripples and it continued till Krishna III (Kachiyum Thanjaiyum Konda Kannara Thevar – More on this in a different post). This region was weak without a proper control till the later half of 10th century and the crown for this region must have been landed on to Vandhiyathevan for him being an important member of the royal family and was a descendent from the ruling clan of the region.

 

  • I further state that Also, the name kundavai must’ve been a very favourite name of Ganga / Chozha clan as the Ganga queen named Kundavai (Daughter of Prithvipathi 1) was married to a bana king Bana vidhyadhara who was ruling thiruvallam before Parantaka taking away the kingdom from Bana’s. It is now very interesting to note that the Kingdom which had a king with a wife named kundavai was again after a gap ruled by a different king from a different clan with a wife named kundavai. (Also, the daughter of Raja Raja I and the sister of Kulothunga Chozha I were also kundhavai – Both being different. May be I shall touch upon Kulothunga Chozha’s ascension to chozha kingdom in a different post). The bana kings were described in the inscriptions of Thiruvallam as “Vanarayan” and if Vandhiyathevan was from this clan, he should have been also called as “Vanavarayan” instead of “Vallavaraiyan”. It can be safely assumed that he has not descended from the Bana dynasty but from the Vallam clan.

 

First inscription of chozha kings at Thiruvallam was by Raja Raja I in which the temple was said to be identified by Madurantakan Gandaradityan as not maintained and the lights in the temple were feebly burning. Madurantakan Gandaradityan had done abhisheka with 1000 jars of water and did kumbabhishekam. Madurantakan Gandaradityan must have been a notable person and he should’ve been the son of Madhurantaka (who was the son of Gandaraditya). Again, Gandaraditya, Madhurantaka and Madhurantaka Gandaraditya had never seen the throne as their objective was nothing but the devotion to shiva. Naturally he must’ve succeeded his father Madhurantaka who was none other than Uthama Chozha I.

 

  • I further state that The distance between the Thiruvallam and the brahmadesam where Rajendra chozha lived in his last days are just 40 kms away. The Brahmadesam, Thiruvallam and its adjoining area must have been part of a semi independent kingdom which was ruled by Vallavaraiyan vandhiyathevan under the umbrella of Chozha Empire. This fact can is well appreciated from the inscription where there is an independent endowment from the Vallavaraiyan Vandhiyathevan himself at The above inscription is in Thirupondhai Mahadevar temple which was built by pallavas and later maintained by Chozhas. This temple is wrongly assigned as the pallipadai where Rajendra Chozha is buried. Inscription goes on to describe a donation made by the Vallavarayar thevar by depositing the gold to the temple treasury. This inscription was inscribed in the regin of Rajendra Chozha I.

From the above Inscriptions, on a lighter note it can be very safely concluded that Vallavaraiyan Vandhiyathevan was a real person.

 

  • I further state Vallavaraiyan Vandhiyathevan was married to Kundhavai and attained a prominent position in the chozha kingdom,After Marriage with Kundhavai, Vallavaraiyan Vandhiyathevan had gained a kingdom which must’ve been his ancestral property to rule under chozha empire, Vallavaraiyan Vandhiyathevan and Kundhavai must have had a daughter named Ilangon Pichi,Though the father and mother name of Vallavaraiyan vandhiyathevan cannot be found out, Govinda Vallavaraiyar and Veeramadeviyar shall be safely assumed to be one of the ancestors of him,Though there is a chance of him descending from rashtrakuta lineage, with the link to Parantaka I and their ancestor having links with Vallam chieftains, it shall be assumed that the vallavaraiyan vandhiyathevan must have been a descendent of vallam chieftains,Though we cannot confirm if the marriage was an arranged one or love marriage, we can assume that the Marriage of Vallavaraiyan Vandhiyatheven and Kundhavai must have happened somewhere between 985 (Raja Raja I’s ascension to throne -1010 AD construction of Thanjai Peruvudaiyar temple).

 

  • I further state that the history cannot be repeated again and it is an Mr.Dean Accardi,

Assistant Professor of History at Connecticut college who specializes in Kashmir’s Medieval history, speaks to Outlook about Lal Ded, Dogra Courts,and the historical distortions in kashmirs History and their repercussions in the present times and it explain about the distortion of the History and history is reality and truth and truth cannot be misguided and from 1970  onwards, however, the distortions of the historical record became fundamental,willful and officially sanctioned, Mostly with a distinct ideological motive.

 

  • I further state that the Movie Ponniyin selvan Part-1 also Known as PS-1 was directed by one Mr.Maniratnam who was the founder of Madras talkies Production in Chennai was released worldwide on 30/09/2022 and in the said movie the entire history of the chola dynasty as been distorted and manipulated for commercial cause and the history is the treasure of a nation and ‘The Ancient Monuments and archaeological sites and remains Act 1958’

Section 2(b)(iii) clearly states that ‘any article,object or thing illustrative of science,art,crafts,literature,religion,customs,morals or politics in bygone ages, Section 2(b)(iv) states that ‘any article,object or thing of historical interest,and

Section 2(b)(v) States that ‘Any article,object or thing declared by the central Government, by notification in the official Gazette,to be an antiquity for the purpose of the act.

 

  • I further state that the ANTIQUITIES AND ART AND TREASURE ACT,1972 Section:2(1)(I)(a)(iii)Clearly states that “any article, object or thing, illustrative of science, art crafts, literature, religion, customs, morals or politics in bygone ages.

Section:7(1)Any person desiring to carry on,himself or by anyother person on his behalf,the business of selling or offering to sell antiquites may make an application for the grant of a licence to the licencing officer having jurisdiction and it is pertinent to note that the above said Madras Talkies director Maniratnam as not obtained any license to do business of selling or offering to sell antiquities or made any application for the grant of a license to the licensing officer.

Section:8(1) Clearly states that On receipt of an application for the grant of a licence under section 7,the licencing officer may, after holding such inquiry as he deems fit, grant a licence to the applicant having regard to the following factors,Namely:- (a)The experience of the applicant with respect to trade in antiquities;

(b)The village,town or city where the applicant intends to carry on business; (c)The number of persons already engaged in the business of selling,or offering for sale of, antiquities in the business of selling, or offering for sale of,antiquities in the said village, town or city;

It is pertinent to note that it is clearly stated in section 2(1)(I)(a)(III) of the Antiquities and Art Treasures Act,1972 that any article, object or thing illustrative of science, art, crafts, literature, religion, customs, morals or politics in bygone ages but in the movie Ponniyin Selvan part-1 the morals, customs, politics and literature of the chola dynasty as been misused by the Director Maniratnam for personal gain and distorted the history of the Cholas.

 

  • I further state that important events from 300 BC to AD 1267,as it relates to south india, the cholas had two tenures: the first from 300 BC to AD740 Cholas of

Cholamandalam (Coramandal Coast);and the second from AD 850 to AD 1267 as

Imperial Cholas of Tanjore the early hiistirical period in south india is generally dated as third/fourth century BCE(before the common era)that the three monarchies of the Cheras,Chola and Pandya were of immemorial antiquity, dating from the times of creation, when the Cholas gained prominence by displacing the pallavas in northern Tamilnadu by about the end of the nineth century, a new balance of power emerged. The Cholas had to deal with the hostility of the deccani power of Rashtrakutas.

 

  • I further submit that the Archaeological Survey of India(ASI) was founded in the year 1861by Alexander Cunningham who also became the first director general and the first systematic research into the subcontinent history was conducted by the Asiatic Society,which was founded by the british Indologist William Jones on15th January 1784 and apart from the ASI,Archeaological work in india and conservation of monuments is also carried out in some states by the state government archaeological departments, Most of the bodies were set up by the various princely states before independence, When these states were annexed to india after independence, the archaeological departments of these states were not integrated with the ASI instead they were allowed to to function as independent bodies.

 

  • I further state that the Archaeological Survey of India(ASI), as an attached officer under the department of culture, Ministry of tourism and Culture, is the premiere organization for the archaeological researches and protection of the cultural heritage of the nation, Maintenance of ancient monuments and archaeological sites and remains of national importance is the prime concern of the ASI, Besides it regulates, all archaeological activities in the country as per the provision of the ancient Monuments and Archaelogical sites and remains Act,1958.It also regulates Antiquities and treasure Act,1972.

 

  • I further state that for the maintenance of ancient monuments and archaeological sites and remains of national importance the entire country is divided in to 37 circles and the said organization has a large work force of trained archaeologists, conservators, epigraphist, architects and scientist for conducting archaeological research projects through its excavation Branches, prehistory Branch, Epigraphy Branches, Science Branch, Horticulture Branch, Building survey Project, Temple Survey Projects and Underwater Archaeology wing.

 

  • I further state that Archaeological survey of india organized a prehistory exhibition at Hingna, Maharastra to create awareness among the general public about a hygienic environment and our pre historic culture and it was insisted by Vijaykumar S.Nair,deputy superintendent archeologist at prehistory branch of ASI during the inauguration of Swacch Bharat Abhiyan and prehistory exhibition at Zilla Parishad high school Hingna,Maharastra on 21.11.2016 and 1.5 million year old prehistoric tools were on

displayed on that particular day and further more stated that ‘The earliest evidence of the human presence in the peninsular India has been reported from

Attirampakkam in tamilnadu’ and it is pertinent to note that the celebration of world Heritage week is celebrated from November 19 to 25 of each year.

 

  • I further submit that the ASI has the responsibility to preserve, conserve and protect the heritage and culture of prehistory in the country and in this particular case the dircetor of the ponniyin Selvam-PS-1 movie has distorted the history by using the original names of chola dynasty and their history is an infringement of copy right Act,1957 section 2(k)(i) which clearly states that “Government work” means a work which is made or published by or under the direction or control of:-

(i) the Government or any department of the Government

(ii)any legislature in India;

(iii)any court,tribunal or other judicial  authority in India.

 

  • I further submit it has been relied in :-

Titan Industries Ltd Vs. Ramkumar Jewellers – MANUDE/2902/2012,  and observed as follows:-“No one was free to trade on another’s name or appearance and claim immunity. ... Validity : The plaintiff owns an enforceable right in the identity or persona of a human being. Indentifiability : The Celebrity must be identifiable from defendant’s unauthorized use. Infringement of right of publicity requires no proof of falsity, confusion, or deception, especially when the celebrity is identifiable. The right of publicity extends beyond the traditional limits of false advertising laws.

 

  • I further state that In the judgment reported in 2003 (270) PC 81 [Star India P. Ltd., Vs. Leo Burnett (India) P. Ltd, the Bombay High Court has held as follows “It is necessary for character merchandizing that the characters to be merchandized must gain some public recognition that is, achieved a form of independent life and public recognition for itself independently of the original product or independently of the milieu/area in which it appears.”

 

  • I further state that In the judgment delivered in Case D2009-1247 (Ms.Barkha Dutt Vs. Easyticket], it has been held by the Work Intellectual Property Organizations (WIPO), the international agency governing internet domains, that an unauthorized use of a famous person’s name is not a bonafide use and if such name is used to lure users, it does not confer rights or legitimate interests on the infringer and it has been further held that the right to commercially use or exploit one’s own name, vests with the person who has worked to create the fame and can lawfully restrict any other third party from exploiting that fame for commercial purposes.

 

  • I further state that in Application No.735 of 2014 and Civil Suit No.598 of 2014 dated 03.02.2015 in the High court of Madras,the original Application was been filed under order XIV Rule 8 of Original side Rules read with Order XXXIX Rules 1&2 and section 151 of CPC prayed to grant interim injunction in any manner whatsoever amounting to infiltration of the applicant’s/plaintiff personality rights by such unauthorized use and the Honble madras court had made the Interim Injunction absolute in favor of the applicant/Plaintiff, and when it was considered as the individual familiarity as fame in this particular case the fame and name of the Chola dynasty has be distorted and exploited for commercial purposes and the name in the history has been used for characters in the movie Ponniyin selvan (PS-1) intentionally to defame the history which is being preserved by the central government.

 

  • I further state that the History of the country is the backbone of the country development and distortion of the history for commercial purpose is an serious threat to the country and society the movie Ponniyin Selvan Part-1 was released on 30.10.2022 worldwide and thereafter after watching the entire movie I came to know that the director has distorted the great history of Chola dynasty as per their own wish when the entire history stand witness in the ASI as well in the records of the central government.

 

  • I further state that aggrieved by the Movie taken by the Director Maniratnam I sent a detailed representation to the respondents on 01.11.2022 and directly to the 8th respondent thereafter on 07.11.2022 to 1st to 8th respondent through E-mail but there was no reply from the respondents and again I again sent a detailed E-mail representation on 04.01.2023  to all the respondents but there was no reply for the reasons very well known to the respondents and the entire action of the respondent  is clear collusive in nature, arbitrary and all my attempts went in vain hence without any other alternative and efficacious remedy, I am approaching this Hon’ble Court As a PUBLIC INTEREST LITIGATION under Article 226 of Constitution of India for the following among other grounds:-

 

GROUNDS

 

  • The attitude of the respondents 1,2,3,4,5,6,7,8 which is against law and facts and the same is arbitrary and collusive in nature.

 

  • The 1st to 8th respondent ought to have consider the fact that of the E-Mail representation dated 01.11.2022 as well as in person complaint to the 8th respondent is pending without further investigation

 

  • Again on 07/11/2022 my representations to the 1 to 8 the respondents through E-mail went vain without any investigation and 04.01.2023 I sent representations to all the respondents but there is no action on my representation.

 

  • The 8th respondent has not considered my representation dated 01.10.2022 vide C.No.1307/CCB/COP/Visitors/2022 which was given in person.

 

  • The 1 to 8 th respondent has the bounden duty to consider my representations which has value and truth has not considered for the reason very well known to them.

 

  • The 9th respondent has failed to full fill the obligations of as well settled by the Archaeological survey of india which regulates the maintenance of ancient monuments and archaeological sites and remains of natural importance.

 

  • The 1st and 2nd respondent is responsible authorities to regulate the

Archaeological activities in the country as per the provisions of the Ancient Monuments and Archaeological sites and remains act,1958 and also Antiquities and Art Treasure Act,1972.

 

  • The History of our country belongs to the government and the 1st and 2nd respondent was very well aware of the Section 2(K)(i) of Copy Right Act, 1957, which states that Government Work Means a work which is made or published by or under the direction or control of the government or any department of the Government but without any valid approval the 9th respondent has directed the movie and released it for commercial gain and at present trying to release the Part II of the Movie Ponniyin selvan.

 

  • It is to be noted that the 1st to 8th respondents has not taken any action on 8th respondent who had violated the  Antiquities And Art Treasure Act,1972, and Ancient Monuments and Archaeological Sites and Remains Act,1958,The Copy Right Act,1957.

 

  • The 1st to 8th respondent failed to action on my representations dated 01.11.2022,07.11.2022 and on 04.01.2022 but all my representation were not considered for the reasons very well known to the 1st to 8th

 

  • I humbly submit that I have not filed any other writ petition for the same relief before this Honorable Court or before the Madurai Bench of this Honorable Court.

 

  • I submit that the importance and dignity of the country is only considered by the history of the country and the distortion of the history in any form degrades the integrity of the country and the 1st to 8th respondent as the duty to investigate and invigilate the common man representation but the E-mail representation sent on 01.11.2022, 07.11.2022 and 04.03.2022 was considered and noaction was taken on my representation till date Under these circumstances, there is every necessity arises for this

Hon’ble Court to grant the following interim order:-

 

(A)to pass an order of interim direction, directing the  1st and 2nd and 3rd respondent to take appropriate action through their department pending disposal of the writ petition and thus render justice.

Otherwise the serious prejudice would be caused to me which cannot be compensated in any event.

 

For the reasons stated above, it is humbly prayed that this Hon’ble Court may be pleased to pass an order of interim direction, directing the 1st 2nd and 3rd respondent to take appropriate action through their department pending disposal of the writ petition and thus render justice.

 

Under the above circumstances I pray that this Honorable court may be pleased to issue a writ or order or direction, more in the nature of WRIT OF  MANDAMUS directing the 4th,5th,6th, respondent to issue necessary order and pass such further or other orders as this Honble Court may deem fit and proper in the circumstance of the case and thus render justice.

 

Solemnly affirmed at Chennai on                           ||               BEFORE ME

This 20th  day of January, 2023 and

Signed his name in my presence ||

ADVOCATE || CHENNAI

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

வரலாற்றை திரித்து பொன்னியின் செல்வன் படத்தை உருவாக்கியுள்ளதாக கூறி இயக்குனர் மணிரத்னம் மீதான புகாரில் நடவடிக்கை எடுக்க மத்திய அரசிற்கு உத்தரவிடக் சென்னை உயர் நீதிமன்றத்தில் மனுத்தாக்கல் செய்யப்பட்டுள்ளது.

சென்னை அண்ணா நகரை சேர்ந்த வழக்கறிஞர் சார்லஸ் அலெக்சாண்டர் என்பவர் தாக்கல் செய்துள்ள மனுவில், அமரர் கல்கியின் பொன்னியின் செல்வன் நாவலை தழுவி அதே பெயரில் இயக்குனர் மணிரத்னம் இயக்கியுள்ள படத்தில், வரலாற்றை திரித்து இயக்கியுள்ளதாக குறிப்பிட்டுள்ளார்.

முக்கிய கதாப்பத்திரமான வந்தியத்தேவன் பெயரை தவறாக பயன்படுத்தியதுடன், தனது சுய லாபத்திறாக வரலாற்றை தவறாக பயன்படுத்தி உள்ளார் என்றும் மனுவில் குற்றம்சாட்டி, வரலாற்றின் அடிப்படையில் படம் எடுக்கும் முன்பு உரிய ஆராய்ச்சி மேற்கொண்டிருக்க வேண்டும் என்றும் தெரிவித்துள்ளார்.

வரலாற்றில் உள்ள உண்மை பெயர்களை கல்கியும் பயன்படுத்தி உள்ள நிலையில், போர் தந்திரங்களில் சிறந்து விளங்கிய சோழர்களுக்கு அவமதிப்பு ஏற்படுத்தும் வகையில் இயக்குனர் மணிரத்னம் வரலாற்றை திரித்து உள்ளதாக மனுவில் குறிப்பிட்டுள்ளார்.

மத்திய அரசு மற்றும் இந்திய தொல்லியல் ஆய்வு துறை ஆகியவற்றிடம் அளித்த புகார்களில் நடவடிக்கை எடுக்கும்படி உத்தரவிட வேண்டும் என மனுவில் கோரிக்கை வைத்துள்ளார்.

இந்த மனு விரைவில் விசாரணைக்கு வரவுள்ளது.

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