Madras High Court: In a writ petition filed under Article 226 of the Constitution of India, the petitioner seeks the issuance of a writ of Mandamus against the Archaeological Survey of India, Department of Archaeology, and Hindu Religious and Charitable Endowment (respondents) , pleading the removal of recent constructions and restoration of the original physical features within a 300-meter radius from the outer compound wall of the Arulmigu Gangaikonda Cholisvarar Temple, as per the Rules of the Archaeological Survey of India, the division bench comprising of Sanjay V. Gangapurwala *, C.J., and J. Sathya Narayana Prasad, J., has directed Archaeological Survey of India and Department of Archaeology to conduct a thorough survey of the toilet and cafeteria constructed within the protected area and confirm the safety of the erection concerning the protected monument.
Background:
The Arulmigu Gangaikonda Cholisvarar Temple is a venerable Siva temple situated in Gangaikonda Cholapuram and has stood for over 1000 years. It was contended that the respondents, however, have undertaken construction activities within this ancient monument’s protected area, specifically by erecting a toilet and cafeteria.
It has been argued that such actions may pose a threat to the integrity of the monument. The petitioner suggested that alternative locations for these facilities, such as adjacent to the compound wall or outside the protected area, could have been pursued by the respondents, thereby averting potential harm to the monument.
Analysis and Decision:
The Court said that the construction in question appeared to have been completed prior to the filing of the present petition.
The Court said that the Archaeological Survey of India and Department of Archaeology are the custodians of the archaeological monuments in the country. It is their duty to protect the archaeological and heritage monuments. They cannot do any act which would endanger the archaeological monument.
The Court directed Archaeological Survey of India and Department of Archaeology to conduct a thorough survey of the toilet and cafeteria constructed within the protected area and confirm the safety of the erection concerning the protected monument.Further, it directed to ensure that the vicinity surrounding these facilities remains free from debris and waste materials and in case of any observed violations, it must be addressed by them to the Court.
Furthermore, the Court directed Archaeological Survey of India and Department of Archaeology to consider the petitioner’s proposal that relocating the cafeteria and toilet beyond the protected area may prove more advantageous., and must give the final decision regarding the same, within a stipulated timeframe, preferably three months.
[A. Balaguru v. The Director Superintending Archaeologist., 2024 SCC OnLine Mad 1051, Order dated 24-04-2024]
*Order by: Chief Justice Sanjay V. Gangapurwala,
Advocates who appeared in this case :
Counsel of Petitioner: Advocate V.Vijayakumar
Counsel of Respondents: Deputy Solicitor General R. Rajesh Vivekananthan, Government Advocate K. Karthik Jegannath and Special Government Pleader T. Chandrasekaran
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