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Madras High CourtWP(MD)/13777/2026disposed of

Rajkumar v. The District Collector

2026-06-16Honourable Mr Justice N. Sathish Kumar,Honourable Mr.Justice M.Jothiraman6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.06.2026

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR and THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN Rajkumar ... Petitioner vs.

1.The District Collector, Office of the District Collector, Trichy.

2.The Superintending Archeologist, Office of the Superintending Archeologist Archelogical Survey of India, Trichy Circle, Main Card Gate, Trichy.

3.The Assistant Superintendent Office of the Conservative Assistant, Archelogical Survey of India, Trichy Site Circle, Ford Gate, main Card Gate, Theppakulam, Trichy.

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4.The Assistant Commissioner cum Executive Officer, Hindu Religious Charitable & Endowments Dept., Arulmighu Thayumanswamy Thirukkovil Malaikottai, Trichy.

5.Murugan ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents 1 to 4 herein to take necessary action for removal of unauthorized construction being carried out in Shop No.14 ie. Melkadai situated at Malaikottai, Trichy on the basis of the proceedings issued by the third respondent vide No.TRY/U.C/Upper Cave/2025-26/69 dated 29.1.2026 within the time stipulated by this Court. For Petitioner : Mr.B.Jameelarasu For R1 : Mr.M.S.Parthiban Counsel for State For R2 & R3 : Mr.K.Govindaraj Deputy Solicitor General For R4 : Mr.R.Murali Standing Counsel 2/6

ORDER

(Order of the Court was made by N.SATHISH KUMAR, J.) The present writ petition has been filed seeking action against the fifth respondent, who is a tenant occupying a temple shop situated within the prohibited distance from a protected archaeological site. It is alleged that, without obtaining the necessary permission, the fifth respondent commenced renovation work in the said shop. Accordingly, the petitioner has sought appropriate action in the nature of a Public Interest Litigation.

2. The report submitted by the Archaeological Department confirms that the shop is located within the prohibited area of 200 metres from the protected archaeological site. Upon noticing the repair and renovation work being carried out, the Department stopped the work on 29.01.2026 and forwarded a complaint to the Inspector of Police for necessary action, including the registration of an FIR.

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3. The temple authorities have submitted that the fifth respondent, who is in occupation of a small shop measuring 78 sq. ft., had, without obtaining permission from the temple administration, altered the flooring of the shop. The temple authorities objected to the said alteration and directed the fifth respondent to restore the floor to its original condition. It is now reported that the original flooring has been restored and that no further construction, renovation, or alteration has been undertaken.

4. The temple authorities shall ensure that no renovation, alteration, or construction work is carried out in the shop in future without obtaining the requisite permission from the temple administration and the Archaeological Department, wherever required.

5. With the above direction, the writ petition stands disposed of. No costs. [N.S.K.,J.] [M.J.R.,J.] 16.06.2026 NCC : Yes / No Index : Yes / No Internet : Yes am 4/6

To 1.The District Collector, Office of the District Collector, Trichy.

2.The Superintending Archeologist, Office of the Superintending Archeologist Archelogical Survey of India, Trichy Circle, Main Card Gate, Trichy.

3.The Assistant Superintendent Office of the Conservative Assistant, Archelogical Survey of India, Trichy Site Circle, Ford Gate, main Card Gate, Theppakulam, Trichy.

4.The Assistant Commissioner cum Executive Officer, Hindu Religious Charitable & Endowments Dept., Arulmighu Thayumanswamy Thirukkovil Malaikottai, Trichy.

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N.SATHISH KUMAR , J.

and M.JOTHIRAMAN , J.

am ORDER MADE IN DATED : 16.06.2026 6/6