Madras High CourtWP(MD)/21577/2019disposed of

S.Kamaraj At Muthalankurichi Kamaraj v. Union Of India Rep By The Principal Secretary

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 W.P.(MD)No.21577 of 2019 S.Kamaraj @ Muthalankurichi Kamarj ... Petitioner Vs.

1.Union of India, Represented by the Principal Secretary, Ministry of Culture, Government of India, 501, 'C; Wing, Shastri Bhawan,New Delhi-110 015. 2.Archaeological Survey of India, Represented by the Director General, Archaeological Survey of India, Janpath,New Delhi-110 011.

3.The Central Advisory Board of Archaeology, Represented by The Member Secretary/Director (Exploration and Excavation), The Central Advisory Board of Archaeology, Archaeological Survey of India, New Delhi.

4.The State of Tamilnadu, Represented by the Principal Secretary, Department of School Education and Sports and Youth Welfare (Archaeology), Fort St., George, Chennai-600 009.

5.State of Tamil Nadu, Represented by the Commissioner, Department of Archaeology, Tamil Valarchi Valaagam, Thamizh salai, Egmore, Chennai-600 008.

... Respondents Prayer : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondent No.3 to grant permission to the Respondent No.5 for carry out further Archaeological Excavations and scientific research in Athichanallur, Keeladi, and Kodumanal archaeological sites and to direct the respondent No.3 to grant permission to the Respondent No.5 for carry 1/3

out the Archaeological Excavations and scientific research in the archaeological sites along with the Tamiraparani river, and Sivakalai and Konthagai in accordance with law. For Petitioner : Mr.R.Alagumani For R1 to R3 : Mrs.L.Victoria Gowri Assistant Solicitor General of India For R4 & R5 : 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 respondent No.3 to grant permission to the Respondent No.5 for carrying out further Archaeological Excavations and Scientific Research in Athichanallur, Keeladi, and Kodumanal Archaeological Sites and to direct the respondent No.3 to grant permission to the Respondent No.5 for carrying out the Archaeological Excavations and Scientific Research in the Archaeological Sites along with the Tamiraparani River, and Sivakalai and Konthagai in accordance with law.

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

3. When the matter is taken up for hearing, Mrs.L.Victoria Gowri, learned Assistant Solicitor General of India, on instructions, would submit that permission has been granted for the following places:- Keezhadi, Adichanallur, Sivakalai, Kodumanal, Myladumparai, Korkai and Gangaikonda Cholapuram, upto September 2021 for the period for 2020-2021. The said submission is placed on record.

4. Recording the submission of the learned Assistant Solicitor General of India, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar (AD-II) // True Copy // / /2021 Sub Assistant Registrar(CS) am 2/3

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

2.The Director General, Archaeological Survey of India, Janpath, New Delhi-110 011.

3.The Member Secretary/Director (Exploration and Excavation), The Central Advisory Board of Archaeology, Archaeological Survey of India, New Delhi.

4.The Principal Secretary, Department of School Education and Sports and Youth Welfare (Archaeology), Fort St., George, Chennai-600 009.

5.The Commissioner, Department of Archaeology, Tamil Valarchi Valaagam, Thamizh salai, Egmore, Chennai-600 008.

+1 CC to Special Government Pleader SR.No.26820 of 2020. W.P.(MD)No.21577 of 2019 21.12.2020 (NA)CO AP(05/01/2021) 3P 7C 3/3