The Madras High Court has ordered a complete stay on all construction and renovation activities in ancient temples across Tamil Nadu until effective steps are taken to appoint a Chairperson to the Tamil Nadu Heritage Commission.
A Division Bench comprising Justice R. Suresh Kumar and Justice S. Sounthar expressed strong displeasure over the State Government’s prolonged delay in constituting the Heritage Commission, despite the Tamil Nadu Heritage Commission Act having been passed nearly one and a half years ago.
Court’s Concern Over Delay
The Bench recalled that it had earlier directed the State to set up the Heritage Commission within one month. However, no meaningful action had been taken so far, even though the Commission is a statutory body meant to advise the government on the development, restoration, conservation, and preservation of heritage structures, including ancient temples and related buildings.
The observations were made while hearing a petition alleging illegal constructions at the Arulmigu Arunachaleswarar Thirukoil in Tiruvannamalai. The Court had already stayed construction activities in the said temple earlier.
State’s Submissions
When the matter was taken up on Thursday (29 January), the State informed the Court that steps were now being taken to constitute the Commission. It was submitted that:
- Rules for the Heritage Commission have been framed
- A Selection Committee headed by the Chief Secretary has been constituted
- A notification calling for applications to the post of Chairperson has been issued on the Archaeology Department’s website
Court Questions Lack of Publicity
The Court, however, questioned the State on why the notification was not published in newspapers. The Bench observed that the State could not presume eligible and competent persons would visit the department’s website to see the advertisement.
Accordingly, the Court directed the State to:
- Publish the advertisement in four leading Tamil newspapers and three English newspapers within one week
- Allow two weeks for receiving applications from eligible candidates
- Scrutinize the applications and shortlist three names
- Submit a status report in a sealed cover before the Court
Complete Ban on Temple Works
Until the above process is completed and the Heritage Commission is properly constituted, the Court ordered that no construction, renovation, or restoration work shall be carried out in any ancient temple across Tamil Nadu.
Case Details
Case Title: A. Radhakrishnan v. The Secretary to the Government and Others
Case Numbers: W.P. Nos. 34810 of 2023 & 11240 of 2024
The matter will be listed for further hearing after compliance with the Court’s directions.
