Madras High Court Implements Ban on Temple Construction Across Tamil Nadu
The Madras High Court has issued a significant interim order prohibiting any construction or renovation activities in ancient temples throughout Tamil Nadu. This decisive action comes as the court expressed dissatisfaction with the state government's delays in establishing the Tamil Nadu Heritage Commission.
Judicial Bench Takes Strong Stand on Heritage Protection
A special bench comprising Justice R Suresh Kumar and Justice S Soundar delivered this crucial order on Thursday. The ruling emerged from a petition filed by A Radhakrishnan and T R Ramesh, who sought to prevent the construction of a commercial complex facing the historic Arunachaleswarar Temple in Tiruvannamalai.
The court had previously granted the state government a one-month period to make decisions regarding the formation of the Tamil Nadu Heritage Commission. During Thursday's hearing, the Hindu Religious and Charitable Endowments (HR and CE) department presented their progress, stating that commission rules had been framed and a selection committee led by the chief secretary had been established.
Court Questions Transparency in Selection Process
The department informed the court that applications had been invited for the commission chairperson position through a notification published on the state archaeology department's website. However, the bench expressed serious concerns about this approach.
The judges questioned why advertisements hadn't been placed in newspapers to invite applications, noting that relying solely on website notifications couldn't ensure widespread awareness among potential candidates. This lack of transparency in the selection process prompted the court to take corrective measures.
Court Mandates Comprehensive Publication Requirements
In response to these concerns, the court directed the HR and CE department to publish the notification in four Tamil news dailies and three English news dailies within one week. The bench further stipulated that applications should be accepted for two weeks following publication.
The court ordered that all received applications must undergo proper scrutiny, with three shortlisted names submitted to the court in a sealed cover for review. This process ensures judicial oversight of the selection mechanism.
Complete Ban Until Process Completion
Most significantly, the court declared that no construction or renovation activities should proceed in ancient temples until the entire selection process for the heritage commission is completed satisfactorily. The hearing has been adjourned to March 5, 2024, when the court will review compliance with its directives.
This landmark order represents a major step toward protecting Tamil Nadu's rich temple heritage, ensuring that any modifications to these ancient structures receive proper oversight from a duly constituted heritage commission. The court's intervention highlights the importance of transparent administrative processes in preserving cultural heritage for future generations.
