In the High Court of Judicature at Madras Dated
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Suo Motu W.P.No.574 of 2015 and WP(MD).No.24178 of 2018 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 07.06.2021 CORAM THE HONOURABLE MR.JUSTICE R.MAHADEVAN AND THE HONOURABLE MR.JUSTICE P.D.AUDIKESAVALU Suo Motu W.P.No.574 of 2015 and WP(MD)No.24178 of 2018 and W.M.P.Nos.30869 of 2017, 19652 of 2018, 20421 of 2020 and 1810, 1814, 1816, 1818, 1819, 1821 and 1822 of 2021 S uo Motu W .P.No.574 of 2015 1.The Director, Archaeological Survey of India, Janpat, New Delhi-110 004. 2.The Superintending Archaeologist, Chennai Circle, Archaeological Survey of India, Chennai -9. 3.The Chief Secretary, Government of Tamil Nadu, Secretariat, Fort St. George, Chennai-600 009. 1/225 https://www.mhc.tn.gov.in/judis/ Suo Motu W.P.No.574 of 2015 and WP(MD).No.24178 of 2018 4.The Secretary, Government of Tamil Nadu, Tourism, Culture and Religious Endowment Department, Secretariat, Chennai – 600 009. 5.Heritage Conservation Society, represented by Secretary, Mr.Srikumar No.102/x, Kurunji Street, Polepettai, Tuticorin. (R5 impleaded as per the order of this Court dated 10.02.2015) 6.The Commissioner, Hindu Religious and Charitable Endowment Department, Chennai -34. (R6 impleaded as per the order of this Court dated 09.04.2015) ... Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to take speedy steps to constitute the 17 Member Heritage Commission and also to set up the Mamallapuram World Heritage Area Management Authority to safeguard the archaeological monuments in the State of Tamil Nadu. For R1 & R2 : Mr.G.Karthikeyan, Asst. Solicitor General For R3 & R4 : Mr.S.R.Rajagopal, Additional Advocate General assisted by Mr.J.Ramesh, AGP For R5 : Dr.S.Padma 2/225 https://www.mhc.tn.gov.in/judis/ Suo Motu W.P.No.574 of 2015 and WP(MD).No.24178 of 2018 For R6 : Mr.M.Karthikeyan, SGP (HR&CE) : Mr.P.S.Raman, Amicus Curiae Petitioner in WMP.Nos. 19652 of 2018 and 1810, 1814, 1816, 1818, 1819, 1821 and 1822 of 2021 : Mr.Rangarajan Narasimhan Party in person Petitioner in WMP.No.20421 of 2020 : Mr.R.Venkataraman, Party in person W.P.(MD)No.24178 of 2018 Periyanambi Narasimha Gopalan ... Petitioner Vs. 1.Secretary to Government, Tourism, Culture and Religious Endowments Department, Government of Tamil Nadu, Secretariat, Chennai – 600 009. 2.The Commissioner, Hindu Religious & Charitable Endowment Department, 119, Uthamar Gandhi Salai, Nungambakkam, Chennai-600 034. ... Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the first respondent to appoint all the members, as informed by the second respondent vide its letter Na.Ka.No.25639/2018/Y2 dated 12.06.2018 to the State Level Heritage Screening Committee. 3/225 https://www.mhc.tn.gov.in/judis/ Suo Motu W.P.No.574 of 2015 and WP(MD).No.24178 of 2018 For Petitioner : Mr.K.Gokul For R1 : Mr.P.H.Aravind Pandian, AAG assisted by Mr.J.Ramesh, AGP For R2 : Mr.M.Karthikeyan, SGP(HR&CE) C OMMON O RDER R.MAHADEVAN, J. "Without culture, and the relative freedom it implies, society, even when perfect, is but a jungle. This is why any authentic creation is a gift to the future." - Albert Camus “We repeat, these hybrid constructions are not the least interesting for the artist, the antiquary and the historian. They make us aware to what extent architecture is a primitive thing, demonstrating as they do, like the cyclopean remains, the pyramids of Egypt, or the gigantic Hindu pagodas, that architecture's greatest products are less individual than social creations; the offspring of nations in labor rather than the outpouring of men of genius; the deposit let behind by a nation; the accumulation of the centuries; the residue from the successive evaporations of human society; in short, a kind of formation. Each wave of time lays down its alluvium, each race deposits its own stratum on the monument each individual contributes his stone. Thus do the beavers, and the bees; and thus does man.” 4/225 https://www.mhc.tn.gov.in/judis/ Suo Motu W.P.No.574 of 2015 and WP(MD).No.24178 of 2018 - Victor Hugo While considering the importance of issues involved in the present cases, the aforesaid quotes of the renowned literary masters have been reminiscent in the mind of this Court. 1.1 India has extraordinary, vast and diverse pool of cultural heritage and ancient monuments in the form of buildings, temples and other archaeological sites and remains. Its southern State Tamil Nadu’s ancient culture is one of the most glorious ones to have existed in the world’s history, dating back more than 2,000 years. Its immortal creations of resplendent architecture, design and construction of forts to temples, murals to paintings, sculptures to scriptures, made of lime mortar to clay bricks, from stones to rocks, from herbs to fruits in an era of might is right, have stood bent on to unite this glorious land. Tamil Nadu is famous for all over the world its magnificent and ancient temples. The monuments here are the 5/225 https://www.mhc.tn.gov.in/judis/ Suo Motu W.P.No.574 of 2015 and WP(MD).No.24178 of 2018 remembrances of the living witnesses about the golden historic era of over thousand years. They exemplify the valor of this land and are the symbols of cultural expressions. More particularly, the temples, many of which are more than 2000 years old, are repositories of knowledge and treasure houses of arts & architecture. They are continuing legacy, which connect the present with the past and vice versa and are living symbols of unique culture; and the festivities connected there to make them vibrant and colorful. Our people are also deep rooted in heritage. However, these heritage and cultural assets are going into oblivion now-a-days. The upcoming generation does not know about the value of the same. That apart, the custodians of grand and antique temples and ancient monuments are least bothered and the conservation of our valuable heritage is deteriorating not due to any natural calamity or catastrophe, but due to reckless administration and maintenance under the guise of renovation. 1.2 In ancient times, there have been cultural invasions, which though have damaged certain places with historical and 6/225 https://www.mhc.tn.gov.in/judis/ Suo Motu W.P.No.574 of 2015 and WP(MD).No.24178 of 2018 archaeological importance to thrust deep rooted dispel into the minds of our people with hyperbole, there is much more in this land to pass on. It would not be enough if a monument or a heritage site is just handed over to future generations it is equally exigent that its history is also passed on. The younger generation hyping upon science and technological development needs to understand that many things claimed to be discovered and equated with scientific objective were said and laid down here before centuries in spiritual sphere. The intelligence, knowledge and skill of the people of this land have been far superior and precocious even in fields that science is yet to find answers. In proof, not only have the primogenitors of this land left behind theories beyond human comprehension, but also astonishing and illuminating monuments and scriptures. The object of such creation was not just a personal achievement, but a conscious effort to leave a historical imprint for future generations. Just as good memories create nostalgia, knowledge about history brings in a sign of pride, belonging and motivation to recreate history. To fulfil its informative and educative functions, a monument or a place of 7/225 https://www.mhc.tn.gov.in/judis/ Suo Motu W.P.No.574 of 2015 and WP(MD).No.24178 of 2018 historical importance with heritage value, in addition to its preservation needs to be opened to the public, which means that its spatial dimension as well as its content can be experienced by the public and be sustainable. Thus, it is needless to emphasis that these have to be preserved and protected at all costs and for posterity. With this prelude, this Court is inclined to proceed with this Suo motu Public Interest Litigation. 2.1 On 06.01.2015, the First Bench headed by the Hon'ble The Chief Justice Sanjay Kishan Kaul, as he then was, initiated a suo motu proceedings, based on the newspaper report published in “The Hindu” on Sunday, 4th January, 2015 titled “Silent Burial”, relating to the inaction on the part of the Government in establishing the statutory authority, framing Rules and constituting a 17-member Heritage Commission to advise them on heritage issues. It was pointed out that in April 2012, the Government announced its decision to enact a law on Heritage Commission, which move was welcomed by activists and conservationists and the State Legislature passed a bill in this regard and it had received the assent of the 8/225 https://www.mhc.tn.gov.in/judis/ Suo Motu W.P.No.574 of 2015 and WP(MD).No.24178 of 2018 Governor, however, there was no progress ever since. The newspaper report further indicated about another initiative of the Government viz., the Mamallapuram World Heritage Area Management Authority, inspired from the model of Hampi World Heritage Area Management Authority, meant for conservation of cultural heritage of area declared as a World Heritage Site in 1984, which has also not been set up.