Point of Law: Heritage/Religious Institutions -PIL - Pilgrimage centres are of religious, social, historical and architectural importance, representing cultural heritage of our country and hence, not only Government, whether state or centre, but also the courts may examine such matter treating it as PIL on the judicial side

ORDER :

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.”

- 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 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 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