Madras HC Orders No Civil Works in Any Ancient Temple in Tamil Nadu

The Madras High Court on January 29, 2026 ordered that no civil construction or developmental work be carried out in any archaeologically important temple or heritage structure in Tamil Nadu until the State Heritage Commission is constituted and becomes functional.

A division bench of Justice R. Suresh Kumar and Justice S. Sounthar pulled up the Tamil Nadu government for failing to properly constitute the Heritage Commission, despite the law having come into force nearly two years ago.

Court was dealing with two writ petitions challenging a 2023 government order that permitted civil works within the premises of Arulmigu Arunachaleswarar Thirukoil at Tiruvannamalai, a temple of significant archaeological and heritage value.

Court noted that the Tamil Nadu Heritage Commission Act, 2012, had come into effect on 1 March 2024, making it mandatory for all permanent constructions within heritage structures and temples to receive prior approval from the Heritage Commission. However, the Commission itself had not been constituted even after the Act was operationalised.

In earlier proceedings, the court had restrained further construction within the Tiruvannamalai temple premises and granted the State government one month’s time, until 13 December 2025, to constitute the Commission. When the matter was taken up again, the State sought additional time, placing reliance on certain administrative steps taken in the interim.

The government produced the Tamil Nadu Heritage Commission Rules, 2025, notified on 26 November 2025, and a government order dated 16 December 2025 constituting a Screening Committee to shortlist candidates for the post of Chairman. It was also stated that a notification calling for applications to the post of Chairman had been uploaded on the website of the Department of Archaeology.

However, the bench found these steps inadequate. Court recorded that even its own technical team was unable to access the archaeology department’s website. It further observed that the notification inviting applications did not bear any date, making it impossible to ascertain the commencement of the seven-day application window claimed by the government.

Court emphasised that the post of Chairman of the Tamil Nadu Heritage Commission was a full-time position of great importance and required an eminent person with expertise in the field. Such an appointment, court said, could not be made through a poorly publicised online notification with a limited response period.

The bench said that the first-ever constitution of the Heritage Commission required wide publicity to ensure that deserving and qualified candidates were not excluded.

Accordingly, court directed the HR and CE Department and the Department of Archaeology to publish a fresh notification inviting applications for the post of Chairman in four leading Tamil daily newspapers and two leading English dailies with statewide circulation. The publication was ordered to be made within seven days.

Court further directed that applicants be given at least two weeks’ time to submit detailed self-format applications along with supporting documents. Upon completion of the process, the Screening Committee was directed to shortlist at least three candidates and place their names in a sealed cover before the court on the next date of hearing.

Importantly, the bench made it clear that until the Heritage Commission is fully constituted and functional, no civil construction or developmental activity shall be carried out in any archaeologically important temple or heritage structure in Tamil Nadu.

The matter has been posted for further hearing on 5 March 2026, by which time the State has been directed to place its compliance report before the court.

Case Title: A.Radhakrishnan vs. The Secretary to the Government Tourism, Culture and Endowments Department and Others connected with T.R. Ramesh vs State of Tamil Nadu and Others

Order Date: January 29, 2026

Bench: Justice R. Suresh Kumar and Justice S. Sounthar