Madras High Court Directs Halt on Temple Constructions Pending Heritage Commission Formation
Court Orders Tamil Nadu Government to Establish Heritage Commission, Restricts Ongoing Temple Constructions
In a significant ruling, the Madras High Court has imposed restrictions on construction activities at the Arulmigu Arunachaleswarar Thirukoil in Tiruvannamalai, emphasizing the preservation of heritage structures. The Division Bench, comprising Justices R. Suresh Kumar and S. Sounthar, delivered the judgment on October 9, 2025, following an inspection of the temple premises.
The court was prompted to review construction activities after concerns were raised about ongoing developments potentially compromising the aesthetic and structural integrity of the heritage temple. Photographic evidence presented by the petitioner revealed construction dangerously close to the temple’s heritage walls, prompting the court to order a halt to such activities until further justification and technical reports are submitted.
The court directed the Tamil Nadu Government to establish the Tamil Nadu Heritage Commission within four weeks, as mandated by the Tamil Nadu Heritage Commission Act, 2012. This commission is tasked with the preservation, restoration, and development of heritage buildings, including temples. The formation of this statutory body is seen as crucial for safeguarding structures not covered under existing archaeological acts.
The judgment underscored the importance of the Heritage Commission Act, which aims to protect heritage buildings through expert advice on identification, restoration, and preservation. Despite the act coming into effect on March 1, 2024, the commission has yet to be constituted, raising concerns about the protection of significant heritage sites.
During the inspection on October 5, 2025, the judges noted extensive construction within the temple premises, particularly a large queue complex in the fourth Pragaram, which was deemed excessive in scale. The court demanded detailed justification and technical reports from the temple authorities, questioning the need for such expansive development.
The court allowed certain construction activities to proceed, including facade lighting for the temple’s gopurams and Rajagopuram, and the facelift of the Kalaiarangam auditorium. However, other proposed works, such as the renovation of various cottages and the construction of an Elephant Memorial Mandapam, were put on hold pending further evaluation.
The ruling also included directives for the temple authorities to cease all civil works, both inside and outside the temple, until the court receives the necessary reports. The matter has been scheduled for further hearing on October 23, 2025, when the temple authorities are expected to present their justification and technical reports.
The decision is a significant step in ensuring that heritage sites in Tamil Nadu are preserved and developed responsibly, with due consideration for their historical and cultural significance.
Bottom Line:
Construction activities inside and outside the Arulmigu Arunachaleswarar Thirukoil, Tiruvannamalai, were reviewed by the court. Specific construction activities were restrained until further evaluation and justification reports are filed - Court directed the Tamil Nadu Government to constitute the Tamil Nadu Heritage Commission under the Tamil Nadu Heritage Commission Act, 2012, within four weeks.
Statutory provision(s): Tamil Nadu Heritage Commission Act, 2012, Sections 3 and 4
