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2025 DAILYLAW 136046 (MAD)

MADURAI JAIN HERITAGE CENTER v. THE UNION OF INDIA, REP. BY

WP(MD)/3439/2019 · 2025-06-25

A D Maria Clete, S M Subramaniam

Transfer Petitionbody2025

Judgment text

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W.P.(MD).No.3439 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.06.2025 CORAM THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE W.P.(MD).No.3439 of 2019 and W.M.P.(MD).No.2715 of 2019 Madurai Jain Heritage Center, Represented by its Secretary, S.Anandha Raj. ... Petitioner Vs. 1.The Union of India, Represented by its Secretary, Ministry of Culture, New Delhi. 2.The State of Tamil Nadu, Represented by its Secretary, Department of Archaeology, Fort St.George, Chennai. 3.The Archaeological Survey of India, Represented by its Director General, O/o.The Director General, 24, Tilak Marg, New Delhi - 110001. 4.The Superintending Engineer, O/o.The Superintending Engineer, The Archaeological Survey of India, Chennai Circle, Fort St.George, Chennai. Page 1 of 6 https://www.mhc.tn.gov.in/judis W.P.(MD).No.3439 of 2019 5.The District Collector, Madurai District, Madurai District. 6.The Commissioner of Archaeology, Department of Archaeology, Tamil Salai, Egmore, Chennai - 8. 7.The Archaeological Officer, Department of Archaeology, Tirumalainaicker Mahal, Madurai, Madurai District. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a writ of Mandamus, directing the respondents 3, 4, 6 to appoint adequate staff to protect the jain sites in and around Madurai particularly the Jain caves and Beds, namely, 1.Yanaimalai, 2.Tiruparankundram, 3.Keezhavalavu, 4.Varichiyur, 5.Keelakuyilkudi, 6.Arittapatti, 7.Karadipatti Perumal Malai, 8.Kongarpuliyankulam, 9.Vikramangalam, 10.Mangulam and preserve and protect the said ancient monuments and consequently direct the respondents to initiate appropriate measure to curb the conversion of the protected monuments into places of religious worships and defacing of heritage monuments within the time frame stipulated by this Court. For Petitioner : Mr.M.Mahaboob Fazil For R-1, R-3 & R-4: Mr.V.Malaiyendran Central Government Standing Counsel For R-2, R-5 to R-7: Mr.P.Thilak Kumar Government Pleader https://www.mhc.tn.gov.in/judis W.P.(MD).No.3439 of 2019 ORDER (Order of the Court was made by S.M.SUBRAMANIAM, J.) The Writ on hand has been instituted to direct the respondents 3, 4 and 6 to appoint adequate staff to protect the Jain sites in and around Madurai, particularly, the Jain caves and Beds, namely, Yanaimalai, Tiruparankundram, Keezhavalavu, Varichiyur, Keelakuyilkudi, Arittapatti, Karadipatti Perumal Malai, Kongarpuliyankulam, Vikramangalam and Mangulam and preserve and protect the said ancient monuments and consequently, to direct the respondents to initiate appropriate measure to curb the conversion of the protected monuments into places of religious worships and defacing of heritage monuments within the time frame stipulated by this Court. 2. 2. The learned Government Pleader appearing for the respondents 2 and 5 to 7 would submit that six monuments are falling under the control of the State Government and all measures are taken to protect the same. Watchman has been appointed in all the six places, where ancient monuments are situated. 3. As far as the other monuments are concerned, the learned Standing Counsel for the respondents 1, 3 and 4 would submit that they have to receive necessary proposal from the State Government for initiating further actions. Page 3 of 6 https://www.mhc.tn.gov.in/judis W.P.(MD).No.3439 of 2019 4. It is needless to state that coordination of Central and State Governments for protecting the ancient monuments are of paramount importance. Thus, the State Government is directed to coordinate with the Central Government authorities and initiate all appropriate actions to protect the ancient monuments named by the petitioner in his affidavit. Further, under the provisions of the statute, periodical inspections are directed to be undertaken by the competent authorities to protect the monuments. 5. With the above observations, this Writ Petition stands disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed. (S.M.S.,J.) (A.D.M.C.,J.) 25.06.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No Lm To 1.The Secretary, The Union of India, Ministry of Culture, New Delhi. Page 4 of 6 https://www.mhc.tn.gov.in/judis W.P.(MD).No.3439 of 2019 2.The Secretary, The State of Tamil Nadu, Department of Archaeology, Fort St.George, Chennai. 3.The Archaeological Survey of India, Represented by its Director General, O/o.The Director General, 24, Tilak Marg, New Delhi -110001. 4.The Superintending Engineer, O/o.The Superintending Engineer, The Archaeological Survey of India, Chennai Circle, Fort St.George, Chennai. 5.The District Collector, Madurai District, Madurai District. 6.The Commissioner of Archaeology, Department of Archaeology, Tamil Salai, Egmore, Chennai - 8. 7.The Archaeological Officer, Department of Archaeology, Tirumalainaicker Mahal, Madurai, Madurai District. Page 5 of 6 https://www.mhc.tn.gov.in/judis W.P.(MD).No.3439 of 2019 S.M.SUBRAMANIAM,J. and DR.A.D.MARIA CLETE,J. Lm W.P.(MD).No.3439 of 2019 25.06.2025 https://www.mhc.tn.gov.in/judis