Madras High Court
M.Pandiaarasan vs Government Of India on 16 March, 2016
Bench: S.Manikumar, C.T.Selvam
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 16.03.2016
CORAM
THE HONOURABLE Mr.JUSTICE S.MANIKUMAR
and
THE HONOURABLE Mr.JUSTICE C.T.SELVAM
Writ Petition(MD)No.4353 of 2016
and
WMP(MD)Nos.3881 and 3882 of 2016
M.Pandiaarasan ... Petitioner
Vs.
1.Government of India,
rep.by its Secretary,
Ministry of Environment and Forests,
New Delhi.
2.The Assistant Superintendent of Archaeology,
Government of India, Janpath,
New Delhi-110 011.
3.The Archaeological Survey of India,
Chennai Circle, rep.by its
Assistant Superintending Archaeologist,
Fort St.George, Chennai-600 009.
4.The Government of Tamilnadu,
rep.by its Secretary,
Tourism and Culture Department,
Fort St.George, Chennai-9.'
5.The Department of Archaeology,
Madurai District Office,
rep.by Assistant Director,
Tirumalai Nayakkar Palace,
Madurai-625 001.
6.The Joint Commissioner/Executive Officer,
Hindu Religious & Charitable Endowment,
Meenakshi Amman Temple,
Madurai-625 001.
7.The Commissioner,
Corportionof Madurai,
Anna Maligai, Madurai-625 002.
8.The Inspector of Police (L&O),
Villakuthoon Police Station,
Madurai-625 001. ... Respondents
Petition filed under Article 226 of the Constitution of India,
praying for issuance of a Writ of Mandamus, directing the respondents to
remove the unauthorised constructions and alterations made on the Vitta Vasal
Ancient Monument at Madurai and also to take necessary steps to protect the
area, by renovating the monument by the Archaeology Department.
!For Petitioner : Mr.M.S.Sujresh Kumar
For Respondents : Mr.D.Saravanan,
1 & 2 CGSC.
For Respondent-3 : Mr.G.R.Swaminathan,
Asst.Solicitor General.
For Respondents : Mr.V.R.Shanmuganathan,
4, 5, 6 & 8 Spl.Govt.Pleader.
For Respondent-7 : Mr.R.Murali
:ORDER
(Order of the Court was made by S.MANIKUMAR, J) Writ petition, in public interest has been filed, praying for issuance of a writ of mandamus, directing the respondents to remove the alleged unauthorised constructions and alterations made on 'Vitta Vasal', claimed as Ancient Monument, at Madurai and also to take necessary steps to protect the area, by renovating the monument by the Archaeology Department.
2.According to the petitioner, "Vitta Vaasal" in Madurai City is one of the ancient historical monumenst of the 13th Century, built during the reign of Pandia Kings. Out of 12 important tourist places in Madurai City, "Vitta Vaasal" is one among them. By passage of time and since none took care, including the Government authorities and Archaeology Department, shop- keepers and commercial establishments have encroached and extended their buildings, by fixing pillars on "Vitta Vaasal", completely disfiguring and altering the construction. According to the petitioner, if it is not protected, the monument would be completely demolished, by weakening its pillars. The petitioner has further stated that pointing out the above encroachments/constructions, he sent a representation on 05.02.2016 to the respondents and since there is no response, he has come forward with the present writ petition, for the aforesaid relief.
3.When matter came up for hearing on 03.03.2016, Mr.G.R.Swaminathan, learned Assistant Solicitor General of India, for respondents 1 to 3 and 5, Mr.V.R.Shanmuganathan, learned Special Government Pleader, for respondents 4 and 8 and Mr.R.Murali, learned Standing Counsel for Madurai Corporation, for the 7th respondent, took notice. To enable the respective learned counsel to get instructions from the respondents, the matter was directed to be listed today. Accordingly, it is listed today.
4.Reverting, Mr.G.R.Swamianthan, learned Assistant Solicitor General of India, on instructions, submitted that "Vitta Vaasal" is not a centrally protected monument as per the Ancient Monuments and Ancient Sites & Remains Act, 1955 and Rules 1959, and further it is not under the control of Archaeological Survey of India. Learned Assistant Solicitor General of India has produced a copy of the letter, dated 04.03.2016, received from the Superintending Archaeologist, the 4th respondent herein, which reads as under:
"With reference to the subject cited above, I am to kindly inform you that VITTA VASAL, Madurai is not a centrally protected monument as per Ancient Monuments and Ancient Sites & Remains Act 1958 and Rules 1959 and not ounder the Control of ASI. The above structure may be a part of the temple - Arulmigu Meenakshisundareswarar Temple, Madurai which is under the control of HR&CE Department, Govt.of Tamil Nadu. Hence as pleaded by the applicant of the above petition, the encroachments around the structure has to be removed by the Department concerned with the assistance of the Revenue Department.
The above information may please be apprised to the Hon'ble Court for further action. ......."
5.Mr.V.R.Shanmuganathan, learned Special Government Pleader, on instructions, submitted that "VITTA VAASAL" is not under the control of the Department of Archaeology, Government of Tamil Nadu. He produced a copy of the letter, dated 16.03.2016, received by him from the 5th respondent, the contents of which reads as follows:
"kDjhuh; jpU.ghz;oauhrd; Fwpg;gpl;l tpl;lthry; vd;w kJiu fpof;F Eiothapy; MdJ jkpo;ehL muR njhy;ypay; Jiwapd; fl;Lgghl;by; ,y;iy vd;gjidAk; Nkw;f;fz;l thapiy Jiwapd; %yk; Ma;T Nkw;bfhs;s;ggLk; vd;gij gzpTld; njhptpj;Jf; nfhs;fpNwd;." .
6.On the strength of the written instructions received from the 6th respondent, namely, the Joint Commissioner/Executive Officer, Arulmighu Meenakshi Sundareshwarar Thirukoil, Madurai, he further submitted that there is no entry in the Temple Property Records, as to the place called "Vitta Vaasal". Further, from the verification of the revenue records available in the Town Survey Office of the Madurai Corporation, it is seen that in respect of Vitta Vaasal, there are entries in the name of private individuals. Letter No.Na.Ka.740/2016/E2, dated 15.03.2016, of the 6th respondent, addressed learned to the Special Government Pleader, reads as follows:
"kJiu fpof;F thry; gFjpapy; mike;Js;s tpl;lthry; njhlh;ghf fPo;fz;l tpguk; njhptpj;Jf; nfhs;sggLfpwJ.
kJiu mUs;kpF kPdhl;rp Re;jNuRtuh; jpUf;Nfhapypy; jw;NghJs;s nrhj;Jg; gjpNtL kw;Wk; gpw gjpNtLfspy; kJiu fpof;F thrypy; mike;Js;s tpl;lthry; njhlh;ghd gjpTfs; VJk; ,y;iy vd;w tpguk; njhptpj;Jf; nfhs;sg;gLfpwJ.
Nkw;gb tpl;lthry; njhlh;ghf efh;Gw gioa Mtzq;fspy; ahh; ngahpy; cs;sJ vd;w tpguk; mwpa jpUf;Nfhapy; rhh;gpy; chpa cltof;if vLf;fg;gl;L tUfpwJ.
Mtzq;fspy; VNjDk; tpguq;fs; jpUf;NfhapYf;F chpik cs;sJ vd mwpa Neh;e;jhYk; jpUf;Nfhapy; rh;gpy; tpl;lthriy guhkhpj;jpl chpa eltof;if Nkw;nfhs;sg;gLk; vd;w tpguKk; njhptpj;Jf; nfhs;sg;gLfpwJ.
jw;NghJ kJiu khefuhl;rp efu msit mYtyfj;jpy; jw;Nghija tUtha; Mtzq;fis ghprPyiz nra;jjpy; Nkw;gb tpl;lthry; ,lj;jpy; jdpegh;fs; ngahpy; gjpTfs; vd Mtzq;fs; cs;sJ vd;w tpguk; njhptpj;Jf; nfhs;sg;gLfpwJ."
;; 7.In view of the above particulars furnished by the respondents, that the property in question, claimed to be a monument by the petitioner, is not under their control and when Madurai Corporation Town Survey Records reflect entries in favour of private individuals, mandamus sought for by the petitioner cannot be issued.
8.The writ petition is dismissed. No order as to costs. Connected miscellaneous petitions are also dismissed.
To
1.The Secretary to Government, Government of Tamilnadu, Tourism and Culture Department, Fort St.George, Chennai-9.'
2.The Assistant Director, Department of Archaeology, Madurai District Office, Tirumalai Nayakkar Palace, Madurai-625 001.
3.The Joint Commissioner/Executive Officer, Hindu Religious & Charitable Endowment, Meenakshi Amman Temple, Madurai-625 001.
4.The Inspector of Police (L&O), Villakuthoon Police Station, Madurai-625 001..