A MAHABOOB BATCHA Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS writ petition is filed as public interest litigation to issue a writ of Mandamus, to direct the first respondent to protect the Ancient Monument namely Jain abode at Keezhavazhavu and the hillock from the extinction and to ensure proper protection of the abode.

(2.) THIS writ petition is filed as public interest litigation contending that the Keezhavazhavu Jain abode is a protected monument under the Ancient Monuments and Archaeological Sites and Remains Act, 1958. The ancient monument in Keezhavazhu village namely Jain abode of 2nd century A.d with Jain relief and frescoes of 9th Century A.D had important Tamil Brahmi inscription The tamil Brahmi inscriptions are of historic importance in the evolution of Tamil Language, Tamil Brahmi or Tamizhi. The sixth respondent granted lease to the seventh respondent for quarrying minerals to an extent of 8.60 hectares approximately 21.24 acres. On 30.11.2007, the Keezhavazhavu Panchayat Council had passed a resolution to prevent quarrying at the Jain abode in Keezhavazhavu and on 14.01.2008, the villages of Keezhavazhavu had made a representation to the Chief Minister of Tamil Nadu. The Deputy Director of Minerals sent a reply stating that 300 metres safety distance would be maintained from the ancient monument while carrying out the quarrying operations. The third respondent also made a representation to stop the quarrying of Keezhavazhavu Jain monument in order to protect the Jain abode and Brahmi inscriptions. Since the representations made by the petitioner did not fetch any result, the present writ petition has been filed.

(3.) THE 7th respondent/TAMIN filed its counter affidavit stating that it commenced the quarrying operations in the year 2007 by leaving the maximum radial safety distance of 300 mtrs + 10 mtrs from the monument site which is prescribed as enough to be left in case of open cast working even if heavy explosives are used in the quarry operations as per Regulation 164 of the Metalliferous Mines Regulation 1961 and as the maximum safety distance prescribed in the Ancient Monuments and Archaeological sites and Remains Rules, 1958.