R.Devaraj v. The Assistant Superintending

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.08.2024

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and W.M.P.(MD)Nos.16800, 16801, 16802 and 16803 of 2024 R.Devaraj ... Petitioner -vs1.The Assistant Superintending Archaeological Engineer and Central Public Information Officer, Archaeological Survey of India, Main Guard Gate, Trichy Circle.

2.The District Collector, Trichy District.

3.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Trichy District.

4.The Revenue Tahsildar, Thiruverumbur Taluk Office, Thiruverumbur, Trichy District.

5.G.Kannan 6.S.Dencing Permat ... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records of the 4th respondent dated 03.07.2024 in proceedings in Na.Ka.No.1125/2024, quash the same as the same is arbitrary, ultravires, in violation of Article 49 of the Constitution of India, the Tamil Nadu Heritage Commission Act, 2012 and consequentially direct the respondents 2 to 4 to restore the "Rani Mangamma Chathiram" situated in S.No.26/2A, Keelakurichi Village, Trichy District to its earlier position prior to demolition of the same by the respondents 5, 6 on the basis of the petitioner's representation dated 17.07.2024.

For Petitioner : Mr.R.G.Shankar Ganesh For Respondents 1 to 4 : Mr.P.Thilakkumar Government Pleader For 5th Respondent : Mr.B.Jameel Arasu

O R D E R

[Order of the Court was made by R.SUBRAMANIAN, J.] Mr.P.Thilakkumar, learned Government Pleader takes notice for the respondents 1 to 4. Mr.B.Jameel Arasu, learned counsel takes notice for the fifth respondent. Notice to the respondents 5 and 6 is deemed unnecessary. By consent, this Writ Petition is taken up for final disposal at the admission stage itself.

2.Admittedly the building is situated in a private patta land. It has not been declared as a Heritage monuments either under the Central Act namely, Ancient Monuments Protection Act or under the State Act. Hence, the prayer sought for cannot be granted.

3.Therefore, the Writ Petition is dismissed. No costs. Consequently, connected miscellaneous petitions are closed. [R.S.M., J.] [L.V.G., J.] 19.08.2024 NCC :

No Index :

No Internet :

Yes Mrn To 1.The Assistant Superintending Archaeological Engineer and Central Public Information Officer, Archaeological Survey of India, Main Guard Gate, Trichy Circle.

2.The District Collector, Trichy District.

3.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Trichy District.

4.The Revenue Tahsildar, Thiruverumbur Taluk Office, Thiruverumbur, Trichy District.

R.SUBRAMANIAN , J.

and L.VICTORIA GOWRI , J.

Mrn 19.08.2024