Madras High Court Rebukes Tamil Nadu Govt for Delay in Heritage Commission Formation
January 30, 2026
The Madras High Court expressed strong dissatisfaction on Thursday over Tamil Nadu government's delay in forming a Heritage Commission for protecting old buildings and temples. The court noted these places are not covered under the Ancient Monuments and Archaeological Sites and Remains Act of 1958 or Tamil Nadu's 1966 Act. A special Division Bench of Justices R. Suresh Kumar and S. Sounthar said that after a judicial order in October 2025, directing formation within four weeks, the government's inaction shows clear reluctance.
The judges stressed the commission is crucial to approve civil works on many age-old temples outside existing laws. When told that five applications for the commission's chairperson post were received via the Tamil Nadu Archaeology department's website, the judges questioned how eminent people would regularly check an inaccessible website (www.tnarch.gov.in). They tried opening the site in court but it was unreachable.
The court ordered the government to publish a fresh notification in top newspapers within a week and allow two weeks for applications. The commission must then be formed within four weeks. Until then, no civil work can proceed in protected temples without approval, the judges directed. This came from a writ petition by temple activist T.R. Ramesh.
The Tamil Nadu Heritage Commission Act of 2012 aimed to safeguard heritage sites but was not enforced for over 12 years. The Indian National Trust for Art and Cultural Heritage (INTACH) filed a public interest litigation in 2019 pressing for the commission’s creation. In February 2024, the High Court said, “Twelve years is not small a period for not implementing the Act.” The government finally brought the Act into force but still delayed constituting the commission, prompting the October 2025 court deadline.
The 2012 Act mandates the heritage commission be led by an eminent person committed to heritage conservation, nominated by the government, with up to 16 members including key secretaries and officials.
This strong court order underscores the urgent need for Tamil Nadu to protect its precious heritage without further delays.
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Tags:
Madras high court
Tamil Nadu Heritage Commission
Ancient Monuments Act
Temple Protection
Heritage Preservation
Court orders
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