Introduction:

In the case of A Balaguru v The Director Superintending Archaeologist, the Madras High Court addressed concerns over the construction of a toilet and cafeteria near the Arulmigu Gangaikonda Cholisvarar Temple. The petitioner raised objections citing the temple’s age and protected status under the Archaeological Ancient Monuments Act, 1958. The court, led by Chief Justice SV Gangapurwala and Justice Sathya Narayana Prasad, emphasized the duty of custodians to safeguard archaeological monuments and directed a survey to ensure the construction’s safety.

Arguments:

Petitioner’s counsel, Mr. V. Vijayakumar, argued against the construction, highlighting potential damage to the ancient monument. Respondent’s counsel, including Deputy Solicitor General Mr. R. Rajesh Vivekananthan, Government Advocate Mr. K. Karthik Jegannath, and Special Government Pleader Mr. T. Chandrasekaran, defended the construction’s legality, but the court stressed the need for precautionary measures.

Court’s Judgement:

The Madras High Court acknowledged the completed construction but underscored the temple’s protected status. It directed authorities to survey the site, ensure safety measures, and consider relocating the facilities outside the protected area. The court’s directive reflects a balance between preservation and development, prioritizing the safeguarding of cultural heritage.