THOMAS G.RATHINARAJ Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition is filed by the petitioner as public interest litigation, seeking issuance of a writ of mandamus directing respondents 1 and 2 to declare St.Michael's Cathedral Church, Post Box No.6, Big Bazaar Street, Coimbatore-641 001, as a protected Ancient and Heritage Monument of Historical Importance, and recommend for its preservation under the Ancient Monument and Archaeological Sites and Remains Act, 1958, and the Madras Ancient and Historical Monuments and Archaeological Sites and Remains Act, 1966.

(2.) In the affidavit filed in support of the writ petition the petitioner is claiming that he is a Christian by faith and often visit St.Michael's Cathedral Church, Coimbatore-1, and he came to know that the 6th respondent is demolishing the superstructure with a view to reconstruct the Church, and the 6th respondent had published the plan for new construction in its official website, and in order to protect the Ancient and Heritage Monument and Archaeological excellence of the Church, this writ petition is filed. According to the petitioner, the Church was established in the year 1848, which is in the center of Coimbatore city and even after lapse of 164 years, the building is as good as new one, which is a center for worship. The petitioner sent a representation dated 15.4.2013 to the first respondent by registered post and posted the same on 17.4.2013 as per the postal receipt filed and after sending the said representation, petitioner has filed this writ petition with the above prayer on 18.4.2013, i.e., on the very next day of posting the representation, this writ petition was moved as lunch motion on 19.4.2013.

(3.) Even when the writ petition was moved on 19.4.2013, the learned counsel, who appeared for the petitioner has produced the photographs showing partial demolition of the Church. As the Church was demolished partially even before the writ petition was posted, the petitioner was permitted to serve notice to the counsels, who appeared for the respective respondent in the earlier writ petition and also to the learned counsel for the Central Government and this writ petition was directed to be listed on 22.4.2013, on which date, as the learned counsel appeared for the 6th respondent prayed for time to file counter affidavit, this Court ordered to maintain status-quo as on that date till 25.4.2013, which was extended upto 26.4.2013 and further extended till 29.4.2013, and again extended till this order is passed.