"Temples are symbols of State's culture": Madras High Court directs State to implement 2021 judgment on historical monuments, temples

Temples are a symbol of the State's cultural and historical heritage, the Madras High Court recently observed while directing the Tamil Nadu government to comply with the Court's 2021 judgment that had issued sweeping directions on safeguarding historical monuments, sites, temples and its properties..In an order passed on June 2, Justices R Mahadevan and PD Audikesavalu disposed of two review petitions filed by the Tamil Nadu (TN) government that had sought clarifications/ modification of 32 of the 75 directions issued by the Court in its judgment passed on June 7, 2021 in a suo motu public interest litigation (PIL) petition. The bench directed the State to comply with its judgment in three months. .It had issued a slew of directions including the constitution of Heritage Commission comprising of 17 members including the representatives from Archaeological Survey of India, the State Archaeological Department, a historian or anthropologist, and two experts in Agamas and Shilpa Shastras (temple rituals) among others.The Court had also called for an audit to be conducted by the Comptroller and Auditor General (CAG) and ASI experts to assess the damages caused to temple land and structures, and evaluate the value of antiques destroyed..Among the several clarifications sought by the State, was the objection to the creation of such Commission. In its review plea, the TN government argued that the 17 member Commission was not in consonance with section 4 of the Tamil Nadu Heritage Commission Act, 2012, and that the Court has no power to issue mandamus to the government to bring a statute or a statutory provision in force on the same.The State government also submitted that it already had an independent system of audit in place. .The High Court, however, said it had adequate power under Article 226 of the Constitution to issue the directions that it had in its 2021 order. It also said that at the time of passing the order, the Court had taken into account the reports and opinions of experts, UNESCO recommendations, and the reports of the amicus curiae appointed in the case. It further said that the State had, back then, agreed to protect temples with heritage value and it cannot now be permitted to have a change of heart. The Court further said that the definitions of words such as 'building', 'heritage building', 'monuments of heritage importance' etc., found in Section 2 of the TN Heritage Commission Act were exhaustive enough to include temples within their ambit. ."It was apparent that the intention of this court was to protect the buildings and monuments of historical and cultural heritage including the temples, as indisputably, temples are also a symbol of cultural and historical heritage. The applicants herein after having participated actively, contributed with statistics, during inspections and accepted to protect the temples with heritage value, cannot now be permitted to take a different stand stating that the temples are not covered under the Tamil Nadu Heritage Commission Act, 2012," the Court said..The Court also said that it had suggested an audit to independently ascertain whether the accounts were being properly maintained. It said that a CAG audit will not take away any right of the State government's administration. "The State can also follow its own mechanism of audit. The audit to be conducted by the office of the Comptroller and Auditor General, is only an addition to the existing system and this Court in exercise of its authority under Article 226 of the Constitution of India, can issue any direction for such audit. This issue is clarified accordingly," the Court said. .[Read Order]