KRISHNAN PADMANABHAN v. ARCHAEOLOGICAL SURVEY OF INDIA
WP/18118/2024 · 2025-11-21
M Dhandapani
Transfer Petitionbody2025
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[ 2025 DAILYLAW 206840 (MAD) · dailylaw.ai ]
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[ 2025 DAILYLAW 206840 (MAD) · dailylaw.ai ]
Judgment text
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WP No. 18118 of 2024 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 21-11-2025 CORAM THE HONOURABLE MR JUSTICE M.DHANDAPANI WP No. 18118 of 2024 Krishnan Padmanabhan S/o.Krishnaswamy Padmanabhan, Temporarily Residing at Old No.11, New No.27, Bishop Garden, RA Puram, Chennai- 600 028. Permanently residing at:1234, Pitman Avenue, Palo Alto, California – 94301, United States of America Petitioner(s) Vs
1. Archaeological Survey Of India Chennai Sub Circle 1st Floor, Fort St.George, Chennai-600 009. 2.The State of Tamil Nadu, Represented by the CID, Idol Wing, No.2, Natesan Salai, PTC Campus, Ashok Nagar, Chennai – 600 083. 1/8 https://www.mhc.tn.gov.in/judis
WP No. 18118 of 2024 (R2 impleaded as 2 nd respondent vide
order of this Court dated 21.11.2025 in W.M.P.No.23732 of 2024) Respondent(s) PRAYER Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, to direct the respondent to consider the petitioner’s application dated 06.10.2022 and consequently register items 6 and 7 namely Tara Statute Bronze 14x14x46cm and Buddha Statute Bronze 10x13x39 cm as mentioned in the ASI Antiquities registration application dated
06.10.2022. For Petitioner(s): Mr.Gautam S Raman For Respondent(s): Mr. R. Rajesh Vivekananthan, Deputy Solicitor General of India
ORDER The present writ petition has been filed to direct the respondents to consider the petitioner’s application dated 06.10.2022 and consequently register items 6 and 7 namely Tara Statute Bronze 14x14x46cm and Buddha Statute 2/8 https://www.mhc.tn.gov.in/judis
WP No. 18118 of 2024 Bronze 10x13x39 cm as mentioned in the ASI Antiquities registration application dated 06.10.2022. 2. The learned counsel for the petitioner would submit that the petitioner’s paternal grandmother, late Smt. Jayalakshmi, was a prominent personality in the field of Carnatic music at Chennai and was deeply spiritual in nature. During her lifetime, she had purchased several idols, Hindu religious paintings, lamps and related artworks and adorned them in her house. After her demise in the year 2005, the said items devolved upon the petitioner’s father, who subsequently passed away on 26.11.2011. The petitioner inherited all the said items, totalling 51 items, and on his own volition, applied to the ASI on 19.12.2011 for issuance of non-antiquity certificates to enable him to take the items to his residence in the USA. On the invitation of the ASI dated 29.12.2011, the petitioner produced all 51 items before the ASI on 04.01.2012 for inspection, pursuant to which 22 items were declared as non-antiquities fit for export, while the remaining 29 items were treated as suspected antiquities on
10.01.2012. Subsequently, on 29.09.2022, the Idol Wing Police seized 7 idols 3/8 https://www.mhc.tn.gov.in/judis
WP No. 18118 of 2024 and 2 paintings from the petitioner’s paternal house, pursuant to which, the petitioner approached this Court and was granted anticipatory bail on
10.10.2023. 3. It is further submitted that thereafter, the petitioner filed Crl.M.P.No.3611 of 2023 under Section 451 Cr.P.C. before the Special Court, Idol Wing, Kumbakonam for return of the seized items, which was dismissed on
15.03.2024. The revision filed in Crl.R.C.(MD) No.254 of 2025 was allowed on 04.08.2025 and the petitioner thereafter secured custody of the said 7 idols and 2 paintings. However, out of the 29 suspected antiquities, though 20 items were registered, the remaining 9 items were not registered, which compelled the petitioner to file the present writ petition, seeking registration of the remaining items under the ASI Act. 4. The learned Deputy Solicitor General appearing for the respondents would submit that the total claim of the petitioner is in respect of 51 items, out of which, 22 were declared as non-antiquities, and 29 were suspected antiquities.
Out of these 29 items, 20 items have already been registered by the 4/8 https://www.mhc.tn.gov.in/judis
WP No. 18118 of 2024 ASI. With respect to the remaining 9 items (7 idols and 2 paintings), the same were under the custody of the Idol Wing Police and in view of the orders passed by the Madurai Bench in Crl.R.C.(MD) No.254 of 2025, the respondent undertake to take an appropriate decision regarding registration of the said 9 items in accordance with law. 5. Heard both sides and perused the materials available on record. 6. Considering the submissions made on either side and the factual sequence of events, this Court finds that out of the 29 items treated as suspected antiquities, registration has already been completed in respect of 20 items and the remaining 9 items had remained under the custody of the Idol Wing Police till the orders passed in Crl.R.C.(MD) No.254 of 2025. Now that the petitioner has secured custody of the said 7 idols and 2 paintings pursuant to the said
order, this Court is of the view that the respondents are required to take a final decision regarding the registration of the remaining 9 items in accordance with the provisions of law. 5/8 https://www.mhc.tn.gov.in/judis
WP No. 18118 of 2024
7. Therefore, the respondents are directed to take an appropriate decision with regard to the registration of the remaining 9 items (7 idols and 2 paintings) in terms of the orders passed in Crl.R.C.(MD) No.254 of 2025, within a period of eight (8) weeks from the date of receipt of a copy of this order.
8. This writ petition stands disposed of with the above direction. However, there shall be no order as to costs. 21-11-2025 (1/2) kak Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No To
1. Archaeological Survey Of India Chennai Sub Circle 1st Floor, Fort St.George, Chennai-600 009. 6/8 https://www.mhc.tn.gov.in/judis
WP No. 18118 of 2024 2.The State of Tamil Nadu, Represented by the CID, Idol Wing, No.2, Natesan Salai, PTC Campus, Ashok Nagar, Chennai – 600 083. 7/8 https://www.mhc.tn.gov.in/judis
WP No. 18118 of 2024 M.DHANDAPANI J. kak WP No. 18118 of 2024 (1/2)
21-11-2025 8/8 https://www.mhc.tn.gov.in/judis