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IN THE HIGH COURT OF JUDICATURE AT MADRAS
R. Mahadevan, P.D. Audikesavalu, JJ.
Periyanambi Narasimha Gopalan and Ors. - Appellants
Vs.
Director, Archaeological Survey of India and Ors. - Respondent
W.P. No. 574 of 2015, WP (MD) No. 24178 of 2018, W.M.P. Nos. 30869 of 2017, 19652 of 2018, 20421 of 2020, 1810, 1814, 1816, 1818, 1819, 1821 and 1822 of 2021
Decided On : 07-06-2021
Tamil Nadu Hindu Religious and Charitable Endowments (Amendment) Act, 1991 - Section 6(17), 6(18), 12(2), 96(2), 116, 7, 23, 29, 78, 79, 80, 19 - Creation of Hindu Religious and Charitable Endowments Common Good Fund - Restrictions on enjoyment of property rights in protected areas - At the outset, it would be apropos to brief about the heritage and cultural assets possessed by the state of Tamil Nadu and its role in improving local economy by way of tourism, preservation of cultural and traditional values and practices, serving educational resources, increasing community value and social inclusion and above all, bringing pride to our Nation. The entire state is strewn with great example of ancient Tamil architecture that goes as far back as two thousand years. Apart from the temples, the state is also home to several historical forts and other modern architectural marvels from its medieval heritage to colonial history. It comprises of the oldest inhabitants of the world, as it is the motherland to the world's oldest language, Tamil, in usage. The state has remained a cultural hub for various activities like debates, art, innovations, architecture, music and commerce from time immemorial. The culture, tradition and practices were connected with religious beliefs. The record of valorous and historical events, found in many places like temples and forts, monuments and heritage sites, exemplify the indomitable claim towards the ancientness of the language, belief, tradition and culture of the people. Czech Professor Dr. Kamil. V. Zvelebil in 'Tamil Culture' under chapter "The Tamil Contribution to World's Civilization" narrated as "There is no doubt that the culture of the Tamils belongs to the great and immortal treasures of the world's civilization". This will stand testimony to the pride of Tamil culture – Held, In the ultimate analysis, this Court is of the firm view that the cultural and heritage value as well as the Archaeological importance of the historical monuments, sites and temples and its properties, have to be conserved, preserved and maintained. As already stated above, this Court has time and again directed the HR & CE Department to take a list of all the temples, maintain the same, retrieval of the temple lands and properties from the encroachers, extent of lands owned by them, occupiers of the same and the arrears of rent/lease amount to be recovered, make inventory of all idols, jewellery and valuables, create strong rooms and computerise and exhibit the same in the website and appoint qualified stapathis from the Government college at Mamallapuram for each District and also other staff and if necessary, get approval for creation of certain posts, like Oduvars, temple artistes, archakas etc. however, the department has not fully complied with the same in true spirit. Further, during the pendency of this suo motu writ petition, despite the order of this Court, the temple structures have been demolished and works have been carried on under the guise of renovation, thereby taking away the originality of the structure. It is also reported to us that the encroachment in Mamallapuram has not been removed. Though there are provisions under the Ancient Monuments and the Archaeological Sites and Remains Act and in the HR & CE Act to take action against the errant officials, the authorities concerned have not endeavoured to do so. Such allegations and complaints would vanish and the demand would subside, if the state and HR & CE Department are diligent, conscious and sensitive to protect the heritage of this land. Thus, having regard to the reports of the UNESCO team and the amicus curiae and also considering the role of this Court in acting as the capacity of parens patriae to protect the historical monuments including temples, idols, antiques, manuscripts, murals, etc., which is the root cause for initiation of this public interest litigation – Ordered accordingly.
ORDER :
R. Mahadevan, J.
- 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
1. 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 e
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