On Thursday, October 9, 2025, the Madras High Court instructed the Tamil Nadu government to establish a heritage commission. This body will be crucial for safeguarding ancient buildings and sites that fall outside the purview of the Ancient Monuments and Archaeological Sites and Remains Acts of 1958 and 1966.
A special Division Bench, comprising Justices R. Suresh Kumar and S. Sounthar, which handles temple-related cases, mandated that the Tamil Nadu Heritage Commission (TNHC) must be formed within four weeks, with a compliance report submitted to the court. This interim order originated from a petition filed by temple activist T.R. Ramesh.
The Bench noted that despite the State legislature enacting the TNHC Act in 2012, it remained inactive for a remarkable 12 years. The law was finally brought into effect on March 12, 2024, following a strong encouragement from former Chief Justice Sanjay V. Gangapurwala and the late Justice J. Sathya Narayana Prasad, in a case involving the Indian National Trust for Art and Cultural Heritage (INTACH).
The Commission: Still Not Formed
Even after the Act’s implementation, the government had failed to constitute the commission. This essential body is intended to be led by a prominent individual deeply committed to heritage preservation and would include up to 16 members, with ex-officio positions for key secretaries such as Tourism, Urban Development, Municipal Administration, Rural Development, and Law.
Consequently, the Bench ordered, “The State government must promptly move forward to establish this commission.” It specifically directed the Secretary to Government, Tourism, Culture and Religious Endowments department, to ensure the Tamil Nadu Heritage Commission is constituted within four weeks of receiving the court’s order.
Tiruvannamalai Temple Works Under Scrutiny
During the proceedings, Mr. Ramesh, representing himself, highlighted the lack of the TNHC while addressing his concerns about various construction activities undertaken by the Hindu Religious and Charitable Endowments (HR&CE) department, both within and outside the sacred Arunachaleswarar Temple in Tiruvannamalai. The judges personally inspected these sites on October 5.
Following their inspection, the judges instructed the HR&CE department to temporarily halt several construction projects. These include works for a new queue complex, an Annadhanam koodam (food serving shed), a prasadam stall, and the proposed renovation of the Tirukalyanamandapam at Kalyanasundareswarar Sannidhi. These projects are paused pending further court review and orders.
The department was also ordered to stop the construction of a memorial dedicated to a temple elephant. Observing that this memorial was being built on a major public road outside the temple, the judges questioned its necessity and directed HR&CE officials to provide documented proof of all required approvals for the project.
However, the Bench, under Justice Kumar, allowed the HR&CE department to continue with ongoing works for facade lighting on the Rajagopuram (the temple’s main tower) and the refurbishment of the Kalaiarangam (auditorium).