Madras High CourtWP(MD)/9887/2019closed

Karu.Rajendran v. The Prl.Secretary To Govt.

2020-12-21Honourable Mr Justice N. Kirubakaran,Honourable Mr Justice B.Pugalendhi3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.12.2020

CORAM

THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN AND THE HONOURABLE MR.JUSTICE B.PUGALENDHI and W.M.P(MD)No.7747 of 2019 Karu.Rajendran ... Petitioner Vs.

1.The Principal Secretary to Government of India, Department of Archaeological Survey of India, New Delhi.

2.The Principal Secretary of Department of Archaeology and Tamil Development, Secretariat, Chennai.

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

4.The Superintendent of Archaeology Department of Archaeological Survey of India, St. George Fort, Chennai.

5.The Commissioner of Archaeology, Government of Tamil Needy, Tamil Valarchi Valagam, Thanizh Salai, Egmore, Chennai.

6.The District Collector, Pudukkottai District.

7.The Superintendent of Police, Pudukkottai District.

... Respondents Prayer : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to take appropriate steps to declare the Fort in Porpanaikottai Village, Pudukkottai District as ancient monument and also to do excavation and research in this area to ascertain the historic and cultural heritage of this area.

For Petitioner : Mr.P.Ganapathi Subramanian 1/3

For R1, R3 : Mrs.L.Victoria Gowri Assistant Solicitor General of India Assisted by Mr.A.P.Raja Simman Central Govt. Standing Counsel For RR2,4,5,6 &7 : Mr.K.Chellapandian, Additional Advocate General assisted by Mr.M.Muthugeethaiyan, Special Government Pleader

ORDER

(Order of the Court was made by N.KIRUBAKARAN,J) This Writ Petition has been filed to direct the respondents to take appropriate steps to declare the Fort in Porpanaikottai Village, Pudukkottai District, as ancient monument and also to do excavation and research in this area to ascertain the historic and cultural heritage of this area.

2. Heard the learned Counsel appearing for the petitioner, the learned Assistant Solicitor General of India appearing for the respondents 1 & 3 and the learned Additional Advocate General appearing for the respondents 2,4,5,6 & 7.

3. Mr.Sivanandam, Deputy Director of Tamil Nadu Archaeology Department would submit that Tamil Open University has applied to the Archaeological Survey of India to do excavation at Porpanaikottai Village and since Archaeological Survey of India granted permission, excavation will be done in prospective places, where artifacts are found.

4. Mrs.L.Victoria Gowri, learned Assistant Solicitor General of India would submit that the proposal is pending before Archaeological Survey of India and appropriate action would be taken and the same shall be intimated to the Open University and decision can be taken on or before March 2021.

5. Recording the above submission, this writ petition is closed. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CRL.SIDE) // True Copy // / /2021 Sub Assistant Registrar(CS) 2/3

am Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Principal Secretary to Government of India, Department of Archaeological Survey of India, New Delhi.