[Pattanam Excavation] Delhi High Court stays ASI order withdrawing approval granted to Dr. PJ Cherian

The Delhi High Court on Tuesday stayed the implementation of an order passed by the Archaeological Survey of India (ASI) by which permission granted to Kerala based Professor, Dr. PJ Cherian, for excavation of sites at Pattanam and Mathilakam in Kerala was subsequently withdrawn (Dr. PJ Cherian vs. Union of India & Anr.). .A Single Judge Bench of Justice Rekha Palli ordered,"Without going into the merits at this stage, we are staying the decision of cancellation of permission by ASI."The matter will be heard next on October 6..The plea filed by Dr. Cherian challenged a letter by ASI which retrospectively revoked the approval granted to him for excavation at certain sites in Kerala.Cherian's primary contention was that he was not given any opportunity to be heard before the decision to revoke permission was taken.The withdrawal of the approval was in violation of natural justice and was done on the basis of 'baseless allegations', it was contended.On March 15,2021, Cherian had submitted an application for carrying out excavation at Pattanam and Mathilakam in the delta region of Periyar and Chalakkudy rivers in Kerala for a project called 'PAMA Excavations at Pattanam and Mathilakam in Kerala' which was driven with the aim of locating early historic satellite settlements, burial sites and other archaeological remain in the delta region etc.The 'Pattanam Excavations' were the first ever multi-disciplinary excavations undertaken in the state' of Kerala.The ASI had approved his application for excavation through an order dated June 4, 2021. The order also stated that the approval would last until September 30, 2021.On the basis of the said order, Dr. Cherian and his team started the excavation process. Cherian subsequently requested the ASI to extend the deadline due to the hardships caused by Covid-19 restrictions and monsoon season.However, in September 2021 when ASI finally responded to Cherian, it withdrew the permission for excavation citing alleged unauthorized use of ASI logo and collection of internship fees against ASI norms."The Archaeological Survey of India Vide Letter dated 03.09.2021 withdrew the permission granted on 04.06.2021 with immediate effect by alleging that logo and name of ASI was used without its approval and internship fee was collected against the norms of research supported by ASI. It is submitted that the permission was withdrawn by the 2nd respondent without even giving a notice or a hearing to the petitioner herein," the petition stated.Thereafter, Cherian had responded to these allegations stating they had no factual basis but without relief.He then moved Delhi High Court against this revocation letter.Cherian in his plea prayed for continuation of the permission to carry out excavation in the meantime, as per the order dated June 4.Advocates Sriram Parakkat, Aditi Mohan and Sarath S Janardanan appeared for Cherian.Advocate Superna Srivastav represented the Archaeological Survey of India..[Pattanam Excavation] Kerala Professor moves Delhi High Court against Archaeological Survey of India