Madras High Court Stays Construction And Renovation In Ancient Temples Across State

The Madras High Court has stayed any construction or renovation in the ancient temples of the state till steps are taken for appointing a chairperson to the Tamil Nadu Heritage Commission.

The bench of Justice R Suresh Kumar and Justice S Sounthar expressed displeasure with the State's delay in setting up the heritage commission. The bench had previously directed the State to set up the Heritage Commission within a month.

The court was hearing a plea regarding alleged illegal constructions at the Arulmigu Arunachaleswarar Thirukoil, Tiruvannamalai. It had previously stayed construction in the temple.

The bench had remarked that even though one and a half years had passed since the passing of the Tamil Nadu Heritage Commission Act, no action had been initiated by the State to constitute the commission, which was necessary to give advice with respect to development, restoration, preservation, etc of huge buildings, including temples and temple-related structures.

When the matter was taken up on Thursday (29th January), the State informed the bench that steps were being taken to set up the commission. It was informed that the Rules had been framed, and a selection committee headed by the Chief Secretary had been formed for selecting the Chairperson.

The State also informed the bench that a notification had been issued in the Archaeology Department's website calling for applications to the post of Chairperson of the commission.

To this, the court questioned why the advertisement was not publicised in newspapers. The court wondered how the State could assume that persons would see the notification when it was only published in the website.

The court thus directed the State to publish the advertisement in four leading Tamil newspapers and three English newspapers within a week. The court also granted two weeks for receiving applications from eligible persons. Thereafter, the court directed the state to scrutinize the applications and shortlist three names. The court also directed the state to file a report in a sealed cover.

Till this process was completed, the court directed that no construction and restoration works should be carried out in any of the ancient temples in the State.

Case Title: A. Radhakrishnan v. The Secretary to the Government and Others

Case No: W.P.Nos.34810 of 2023 & 11240 of 2024