SEKAR REPORTER

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Temple order /THE HON’BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICEANDTHE HON’BLE MR.JUSTICE J.SATHYA NARAYANA PRASADW.P.No.1680 of 2022A.Balaguru .. PetitionerVs.

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IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 24.04.2024
CORAM :
THE HON’BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE
AND
THE HON’BLE MR.JUSTICE J.SATHYA NARAYANA PRASAD
W.P.No.1680 of 2022
A.Balaguru .. Petitioner
Vs.

  1. The Director Superintending Archaeologist
    The Archaeological Survey of India
    Ministry of Culture, Government of India Chennai Circle, Fort St. George Chennai 600 009.
  2. The Secretary
    Department of Archaeology
    Government of Tamil Nadu Secretariat, Fort St. George Chennai 600 009.
  3. The Assistant Commissioner
    Hindu Religious and Charitable Endowment
    No.228 – II Floor
    District Collector Office
    Ariyalur 621 704. .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus in the nature of direction on the respondents to remove the new constructions and to restore the original nature of the physical feature around 300 meters from the outer compound wall of the Arulmigu Gangaikonda Cholisvarar Temple, Gangaikonda Cholapuram as stipulated in Rule – of the Archaeological Survey of India.
    For the Petitioner : Mr.V.Vijayakumar
    For the Respondents : Mr.R.Rajesh Vivekananthan Deputy Solicitor General for Respondent-1
    Mr.K.Karthik Jegannath Government Advocate for Respondent-2
    Mr.T.Chandrasekaran Special Government Pleader for Respondent-3
    ORDER
    (Made by the Hon’ble Chief Justice)
    We have heard Mr.V.Vijayakumar, learned counsel for the petitioner, Mr.R.Rajesh Vivekananthan, learned Deputy Solicitor General for the first respondent, Mr.K.Karthik Jegannath, learned
    Government Advocate for the second respondent and Mr.T.Chandrasekaran, learned Special Government Pleader for the third
    respondent.
  4. The contention of learned counsel for the petitioner is that a Siva temple exists in Gangaikonda Cholapuram. The said Siva temple is known as Arulmigu Gangaikonda Cholisvarar Temple. The said temple is more than 1000 years old. The respondents have
    constructed toilet and cafeteria in the protected area. The same would cause damage to the archaeological monument. The respondents could have constructed the cafeteria and toilet beside the compound wall
    and/or beside the protected area.
  5. The construction, it appears that, was already completed when the petition was filed. The same was in agreement with the first
    respondent.
  6. The respondents 1 and 2 are the custodians of the
    archaeological monuments in the country. It is the duty incumbent upon them to protect the archaeological and heritage monuments.
    They cannot do any act which would endanger the archaeological
    monument.
  7. The respondents 1 and 2 shall survey the said toilet and cafeteria constructed inside the protected area and shall confirm that the erection of the same is not, in any way, dangerous to the protected monument and that the area within the vicinity of the said cafeteria and toilet is kept free from all debris, so also the waste material is not thrown. If the same is observed, immediately action shall be taken by the respondents 1 and 2. The respondents 1 and 2 shall also consider the contention of the petitioner that the cafeteria and toilet can be more beneficial if it is beyond the protected area. The decision shall be taken by the first respondent, upon survey, preferably within three
    months.
  8. The above observation is in view of the fact that the temple is
    a protected monument under the Archaeological Ancient Monuments and Archaeological Sites and Remains (Amendment and Validation)
    Act, 1958, as amended from time to time.
  9. With these observations, the writ petition is disposed of. There
    shall be no order as to costs. Consequently, W.M.P.Nos.1824 and
    12373 of 2022 are closed.

(S.V.G., CJ.) (J.S.N.P., J.)
24.04.2024
Index : Yes/No Neutral Citation : Yes/No
kpl
To

  1. The Director Superintending Archaeologist
    The Archaeological Survey of India
    Ministry of Culture, Government of India Chennai Circle, Fort St. George Chennai 600 009.
  2. The Secretary
    Department of Archaeology
    Government of Tamil Nadu Secretariat, Fort St. George Chennai 600 009.
  3. The Assistant Commissioner
    Hindu Religious and Charitable Endowment
    No.228 – II Floor
    District Collector Office Ariyalur 621 704.
    THE HON’BLE CHIEF JUSTICE
    AND
    J.SATHYA NARAYANA PRASAD, J
    (kpl)
    W.P.No.1680 of 2022

24.04.2024

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