JUDGMENT :

The petitioners, an aged couple, are in the process of completing the construction of a three storied residential-cum-commercial building in their property situated in Mattancherry Village of Kochi Taluk. The property of the petitioners is situated near the Mattancherry Palace; an ancient monument dating back to the year 1557. The palace was constructed by the Portuguese in the year 1545 and presented to Veera Kerala Varma Raja, the then ruler of Cochin State. The palace being in close proximity to the sea was ravaged over the years by inclement weather and sea borne attacks from enemies. The palace was rebuilt by the Dutch in the year 1663 and the later renovations were carried out by the Rajas themselves. As a result, the Mattancherry Palace is resplendent of Portuguese and Dutch Architecture and portrays the grandeur of the Cochin royal family.

2. Article 49 of the Constitution of India casts an obligation on the State to protect every monument or palace or object of artistic or historic interest, declared by or under law made by the Parliament to be of national importance, from spoilation, disfigurement, destruction, removal, disposal or export, as the case may be. To