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M. DHANDAPANI
B. Manoharan – Appellant
Versus
Ministry of Culture Rep. by its Secretary Government of India New Delhi – Respondent
JUDGMENT
(Prayer: Writ Petition filed under Article 226 of the Constitution of India praying this Court to issue a writ of Declaration to declare that the Tomb of David Yale and Joseph Hymners situated in the compound of Law College within the Madras High Court campus is not an ancient monument and consequently direct the respondents to remove/relocate the same from the existing place to any other place nearby within the time fixed by this Hon’ble Court.)
The tomb of David Yale and Joseph Hymners, the son and friend of Elihu Yale, the then Governor of East India Company, situated within the compound of the Law College within the campus of the High Court, is sought to be removed, by filing the present petition premising the case that the said tomb has no archaeological value and does not fall within the provisions of the Ancient Monuments and Archaeological Sites and Remains Act, 1958, (for short ‘the Act’).
2. It is the case of the petitioner that the High Court of Madras is one of the three chartered High Courts established in the three Presidency Towns of Madras, Bombay and Calcutta during the British colonial rule by virtue of the Letters Patent granted by Queen Victoria dated 26.6
The main legal point established in the judgment is that for a structure to be declared as a protected monument under the Ancient Monuments and Archaeological Sites and Remains Act, 1958, it must hav....
The court ruled that the tomb in question does not qualify as an ancient monument under the Ancient Monuments Preservation Act, emphasizing the need for a comprehensive master plan for development.
The main legal point established in the judgment is that the protection and preservation of ancient monuments and heritage sites require a formal declaration under the relevant statutory provisions, ....
A court may grant leave to institute a suit without notice under Section 80(2) CPC if urgent relief is necessary, and the appointment of an Advocate Commissioner for local investigation is valid and ....
The declaration of the Christian Cemetery as a Heritage site was illegal due to non-compliance with statutory procedures under the Assam Ancient Monuments and Records Act, 1959.
If it is found that particular project or particular alignment is ex facie contrary to mandate of law or tainted with mala fides.
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