CHENNAI: The Madras High Court on Thursday ordered the state government to constitute the Tamil Nadu Heritage Commission within four weeks, as stipulated under the Tamil Nadu Heritage Act.
A special division bench of justices R Suresh Kumar and S Sounthar, dealing with temple-related cases, issued the order while hearing the petitions, including the one filed by temple activist TR Ramesh, challenging certain constructions carried out inside and outside Tiruvannamalai Arunachaleswarar temple.
Citing the provisions in the Act, it said a statutory authority is necessary to advise in matters relating to identification, restoration, and preservation of heritage buildings including temples, and in matters relating to development and engineering operations which are likely to affect any heritage building.
“If that being the objective of the TN Heritage Commission Act, and the Act also given effect from March 1, 2024, why has the state government not constituted the commission,” the bench asked.
Pointing out that one-and-a-half years have passed after bringing the Act into force and many issues relating to restoration and developmental activities relating to heritage structures including temples have to be referred to this commission, the bench said it is imminent that the state government must come forward immediately to form the commission.
“In view of the matter, there shall be a direction to the state government – that is the secretary to Tourism and Culture department – to constitute the TN Heritage Commission at the earliest, preferably within four weeks, after receiving a copy of this order,” the bench said.
The court temporarily restrained the authorities of Hindu Religious and Charitable Endowments (HR&CE) department from continuing with the constructions to raise an elephant memorial, Thirukalyana mandapam, Annadhanakoodam, and prasadam stall.
However, it permitted the authorities to go ahead with construction including a façade light, queue line shed, and kalaiarangam.
Directing the department to file a detailed justification report on the need for construction in huge areas in the temple premises and its outer periphery, the bench adjourned the hearing to October 23.
It may be noted that justices R Suresh Kumar and S Sounthar visited Tiruvannamalai recently to inspect the sites of ongoing constructions.
