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Madras High Court

K.Pushpavanam vs The Union Of India on 2 December, 2025

Author: G. Jayachandran

Bench: G. Jayachandran

                                                                                      W.P.(MD)No.14805 of 2020

                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                               DATED: 02.12.2025

                                                       CORAM:

                            THE HONOURABLE DR.JUSTICE G. JAYACHANDRAN
                                               AND
                           THE HONOURABLE MR.JUSTICE K.K. RAMAKRISHNAN

                                           W.P.(MD)No.14805 of 2020

                     K.Pushpavanam                                                            ... Petitioner

                                                             Vs.

                     1. The Union of India,
                        The Principal Secretary,
                        Ministry of Culture-Union of India,
                        501, C-Wing,
                        Shastri Bhawan,
                        New Delhi 110 015.

                     2. The Director General,
                        Arcaheological Survey of India,
                        New Delhi 110 001.

                     3. The Chairman,
                        National Monuments Authority,
                        24, Tilak Marg,
                        New Delhi - 110001.

                     4. The Superintending Archeaologist,
                        EB VI, Banglore, Archaeologist Survey of India,
                        Excavation Branch - 6,
                        KSIMC Building, Industrial Estate,
                        Rajaji Nagar, Bengaluru – 560 044.



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                                                                                         W.P.(MD)No.14805 of 2020

                     5. The Principal Secretary,
                        Department of Archaeology,
                        Tamil Valarchi Valaagam,
                        Thamizhsalai, Egmore,
                        Chennai – 600 008.

                     6. The Commissioner,
                        Department of Archaeology,
                        Tamil Valarchi Valagam,
                        Tamizhsalai,
                        Egmore,Chennai – 600 008.

                     7. The Superintending Archaeologist,
                        Trichy Circle,
                        Trichy District

                     8. Marine Geology Wing,
                        Geological Survey of India,
                        Calcutta.

                     9. National Institute of Ocean Technology,
                        Tharamani,
                        Chennai.

                     10. Tamil Nadu University,
                         Rep by its Registrar,
                         Thanjavur.                               ... Respondents
                     (Respondent Nos.8 to 10 suo motu impleaded vide Court Order dated
                     19.11.2020 in W.P.(MD).No.14805 of2020)


                     PRAYER:- Writ Petition filed under Article 226 of the Constitution of
                     India, to issue a Writ of Mandamus, directing the respondents,
                                  a. To allocate more funds for the `Protection and Preservation`
                     of monuments in the 'State of Tamilnadu'.
                                   b. To fill the existing vacancies in 'Department of
                     Archaeology', 'State of Tamilnadu' and 'Archaeological Survey of India,

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                                                                                        W.P.(MD)No.14805 of 2020

                     Chennai Circle and Trichy Circle and other Sub Circles in the State of
                     Tamilnadu' in an expedite manner as per the recommendations in the 39th
                     Report of ''Public Accounts Committee'' in the title ''Protection and
                     Conservation of Monuments and Antiquities''.


                                  c. To conduct a regular inspections of archeological
                     monuments all over the State of Tamilnadu by the Archaeological
                     officers to ensure routine visits to monuments, at least once a year, to
                     examine the condition of a monument and to draw up inspection notes
                     which will aid in the preparation of necessary Conservation Program as
                     per National Policy For Conservation of Ancient Monuments,
                     Archaeological sites and Remains (NPC-AMASR).


                                  d. To publish the status of each monument being protected by
                     Archaeological Survey of India on the basis of detailed inspection notes
                     and Photographic evidence collected during the inspection in a yearly
                     manner as per the recommendations in National Policy For Conservation
                     of Ancient Monuments. Archaeological sites and Remains (NPC-
                     AMASR).


                                  e. To establish and maintain Clean and Modern Toilets.
                     Eateries, Medical Shops and other urgent conveniences in and around
                     their precincts of the Archaeological Monuments.


                                  f. To make the ASI monuments as 'Differently abled persons
                     friendly to visit the monuments.


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                                                                                             W.P.(MD)No.14805 of 2020




                                  g. To evolve a roadmap for preserving historical and cultural
                     monuments using electronic data and images, and to promote our rich
                     cultural and historical heritage into more prominence.


                                  h. To create a new "ASI Circle" in Thoothukudi District and a
                     Special ASI wing exclusively for 'Marine Archaeology' in Thoothukudi
                     or any other district of Tamilnadu in accordance with law within the time
                     stipulated by this Court.


                                  For Petitioner           : Mr.R.Alagumani
                                  For Respondents          : Mr.P.Thilakkumar (R5 & R6)
                                                              Government Pleader


                                                              ORDER

(Order of the Court was made by DR.G.JAYACHANDRAN, J.) The Public Interest Litigation is filed objecting to carry out the national policy for the conservation of ancient monuments, archaeological sites and remains.

2. Multiple prayers seeking different reliefs have been sought in this writ petition. After issuance of notice, a report has been filed on behalf of the Archaeological Department regarding the steps taken in connection with protecting the archaeological site and also to excavate 4/8 https://www.mhc.tn.gov.in/judis ( Uploaded on: 05/12/2025 03:44:58 pm ) W.P.(MD)No.14805 of 2020 the place of ancient importance. We are of the view that the multiple reliefs sought for in this writ petition by way of the Public Interest Litigation have extensive ramifications and that each has to be considered separately based on policy decisions.

3. Therefore, we dispose of this writ petition with a general direction to the respondents that the concerns expressed by the writ petitioner herein be considered and appropriate decision has to be taken in consonance with the national policy for the conservation of ancient monuments, archaeological sites and remains. While considering the prayers, the representation of the petitioner may also be taken into consideration. There shall be no order as to costs.




                                                                      [G.J., J.] & [K.K.R.K., J.]
                                                                             02.12.2025
                     Index      :Yes/No
                     Internet :Yes
                     TSG
                     To
                     1. The Union of India,
                        The Principal Secretary,

Ministry of Culture-Union of India, 501, C-Wing, Shastri Bhawan, New Delhi 110 015.

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2. The Director General, Arcaheological Survey of India, New Delhi 110 001.

3. The Chairman, National Monuments Authority, 24, Tilak Marg, New Delhi - 110001.

4. The Superintending Archaologist, EB VI, Banglore, Archaeologist Survey of India, Excavation Branch - 6, KSIMC Building, Industrial Estate, Rajaji Nagar, Bengaluru – 560 044.

5. The Principal Secretary, Department of Archaeology, Tamil Valarchi Valaagam, Thamizhsalai, Egmore, Chennai – 600 008.

6. The Commissioner, Department of Archaeology, Tamil Valarchi Valagam, Tamizhsalai, Egmore,Chennai – 600 008.

7. The Superintending Aechaeologist, Trichy Circle, Trichy District

8. Marine Geology Wing, Geological Survey of India, Calcutta.

9. National Institute of Ocean Technology, Tharamani, Chennai.

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10. Tamil Nadu University, Rep by its Registrar, Thanjavur.

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AND K.K. RAMAKRISHNAN, J.

TSG W.P.(MD)No.14805 of 2020 02.12.2025 8/8 https://www.mhc.tn.gov.in/judis ( Uploaded on: 05/12/2025 03:44:58 pm )