Queency Jain –
Observing the decline in the cultural heritage of the state, the Madras High Court has issued a set of 75 directions to the State of Tamil Nadu in order to preserve the ancient temples and monuments of the State.
The Court observed that the temples constructed over 2000 years ago which have been recognized by UNESCO as heritage sites are not at all in good condition because of the failure of Archeology and HR&CE departments who are not able to keep a check on these monuments.
The Court passed directions for the government to bring reforms in the administration of temples under the Hindu Religious and Cultural Endowments Act.
The Court directed the authorities to remove any illegal construction in the protected area, archaeological temples, etc. and take necessary actions against the Central and State government officials within a period of 8 weeks if they fail to do so till the due date.
The Court further said that the funds of individual temples must be used for the maintenance of those temples thereby directing the HR&CE Department to properly audit the assets of the temple.
In addition to this, the Court further directed the formation of Special Tribunal under Tamil Nadu HR&CE Act under the head of the working or Retired District Judge as Chairperson along with 2 or more members of the rank of Subordinate Judicial Officers to deal with the matters of temples.
Subject to Judicial review, the Court further directed the formation of a High-level committee to review the HR&CE Act once after every 3 years which will aim to make necessary amendments for the conservation and protection of heritage.
In conclusion, the Court further directed to form a 17 member heritage commission within 2 months to make sure that no structural alteration or modification takes place to any of the monuments without the approval of the commission.
The Court emphasized preserving the ancient cultural heritage and monuments and thus passed orders on a suo moto public interest litigation petition take-up by the court.