The Madras High Court has temporarily halted all construction and renovation activities in ancient temples throughout Tamil Nadu until a statutory heritage body is constituted to oversee and regulate such works. The court took this decisive step in a case challenging alleged illegal construction at the historic Arulmigu Arunachaleswarar Temple in Tiruvannamalai, expressing deep concern over the State Government’s prolonged inaction in forming the Tamil Nadu Heritage Commission, a body established under the Tamil Nadu Heritage Commission Act to advise on preservation, restoration and development of heritage structures. The petition before the court highlighted questions about unregulated works within temple precincts, prompting judicial scrutiny of the processes meant to safeguard ancient cultural monuments and religious edifices.
A Division Bench comprising Justice R. Suresh Kumar and Justice S. Sounthar underscored that despite the enactment of the Heritage Commission law more than a year earlier, the Government had failed to appoint a chairperson or operationalise the commission. The court recalled its earlier direction to constitute the commission within a fixed timeframe and observed with displeasure that significant time had passed without tangible progress. The absence of a functioning heritage body, the court noted, was untenable given the large number of ancient temples and other heritage structures in the State that require expert supervision before any renovation or new construction can be carried out.
During proceedings, the State informed the bench that procedural steps were underway to constitute the Heritage Commission. It was stated that the Rules under the Act had been framed, and a selection committee, headed by the Chief Secretary, had been constituted to choose a chairperson for the commission. The Government also pointed out that a notification inviting applications for the chairperson’s post had been published on the website of the State Archaeology Department. The court, however, questioned the limited publicity given to this crucial advertisement, querying why it was not published in leading newspapers to ensure wider awareness and participation. In response, it directed the Government to publish the call for applications in four leading Tamil newspapers and three English newspapers within a week, and to allow a period of two weeks for eligible candidates to apply. Following the application period, the Government was ordered to scrutinise the applications, shortlist three names and file a sealed report of the process before the court.
Given the ongoing process to select the chairperson and constitute the Heritage Commission, the High Court ordered that no construction, renovation or restoration works should be undertaken in any ancient temple in the State until the commission is fully in place and the court has reviewed the appointment process. This stay extends to all such activities in ancient temples and is intended to prevent unregulated works that could compromise the historical, architectural and cultural integrity of these structures. The court’s direction reflects its insistence that a proper institutional mechanism must exist to guide and regulate any intervention in heritage sites and that due process must be followed before undertaking any change to such irreplaceable monuments.
The case, filed under writ petitions challenging unauthorised construction at the Arunachaleswarar temple, has been listed for further hearing after the Heritage Commission appointment process is carried out and a report is submitted in accordance with the court’s orders.
The judgment highlights the importance the judiciary places on protecting heritage structures from ad-hoc or unsupervised construction activities and reinforces the need for statutory bodies like the Tamil Nadu Heritage Commission to be empowered and operationalised to ensure that development and preservation efforts are guided by expert input and legal oversight.
Case Title: A. Radhakrishnan v. The Secretary to the Government and Others
Writ Petition Numbers: 34810 of 2023 and 11240 of 2024.
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