Passumai Pathukappu Sangam, v. Union Of India,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.02.2024

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY and WMP No.25029 of 2019 Passumai Pathukappu Sangam, Rep. by President, V.Rajendran No.43/1037, 31st Street, Part-2, Sathuvachery, Vellore 632 009.

.. Petitioner -vs1. Union of India, Rep. by Director General, Archaeological Survey of India, 24, Tilak Marg, New Delhi 110 001.

2. Senior Conservation Assistant, Archaeological Survey of India, Vellore Sub-Circle, Fort, Vellore 632 004.

3. The District Collector, Sathuvacheri, Vellore District, Vellore.

4. The Commissioner, Corporation of Vellore, Vellore District, Vellore.

5. The Director, Director of Town and Country Planning Department, No.807, Anna Salai, Chennai 600 002.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents 1 and 2 herein by preventing them from carrying out the unauthorized construction, as planned by the respondents 3, 4 and 5 herein in the prohibited area of the Vellore Fort in violation of the sections contemplated under the Ancient Monuments and Archaeological Sites and Remains Act, 1958 and Rules 1959 as amended in 2010. For the Petitioner :

No appearance For the Respondents :

Mr.G.Karthikeyan for RR 1 and 2 :

Mr.C.Kathiravan Spl. Govt. Pleader for RR 3 and 5 :

M/s.P.Shanthi for R-4 * * * * *

ORDER

(Made by the Hon'ble Chief Justice) Consistently, none appears for the petitioner. We have heard Mr.G.Karthikeyan, learned counsel for respondent Nos.1 and 2 and Mr.C.Kathiravan, learned Special Government Pleader, for respondent Nos.3 and 5 and M/s.P.Shanthi, learned counsel for respondent No.4.

2. The learned Special Government Pleader, on the instructions of Collector, Vellore District, submits that the proposed plan for doublestoried construction in the Vellore Fort premises has been dropped. The learned counsel for respondent No.4 also affirms the said fact. In view of that, the writ petition is dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

(S.V.G., CJ.) (D.B.C., J.) 12.02.2024 Index : Yes/No : Yes/No sra To

1. The Director General, Union of India, Archaeological Survey of India, 24, Tilak Marg, New Delhi 110 001.

2. The Senior Conservation Assistant, Archaeological Survey of India, Vellore Sub-Circle, Fort, Vellore 632 004.

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

(sra)

3. The District Collector, Sathuvacheri, Vellore District, Vellore.

4. The Commissioner, Corporation of Vellore, Vellore District, Vellore.

5. The Director, Director of Town and Country Planning Department, No.807, Anna Salai, Chennai 600 002.

12.02.2024