P.S. Raghavan v. State Of Kerala

B. Kemal Pasha, J.:— Petitioners are members of the Temple Protection Committee of Irunilamkode Mahadeva Temple. It is alleged that they have violated the Provisions of the Cochin Ancient Monuments Preservation Act (Act IX of 1110 M.E) and modified the Temple, which was declared as Ancient Monument by the Government of Kerala. It is alleged that tiles were paved on the portions of the Temple and the artistic works on stones of the Temple were destroyed.

2. According to the petitioners, in the Final Report, the offence under Section 30 of the Ancient Monuments and Archaeological Sites and Remains Act, 1958, has been incorporated. The said Act is a Central Act.

3. The learned counsel for the petitioners has pointed out that no notification within the meaning of Section 3 and 4 of the Central Act is there in respect of the Temple in question. Matters being so, the offence under Section 30 of the said Act is not legally sustainable as against the petitioners.

4. In the result, this Crl.M.C is allowed in part and the offence under Section 30 of the the Ancient Monuments and Archaeological Sites and Remains Act, 1958, in Annexure-3 Final Report is quashed. It is a matter of evidence as to whether the other offence under Section 427 IPC will lie? Of course, it is made clear that the petitioners cannot be roped in with the aid of Section 149 IPC, when there is no allegation that there was any unlawful assembly.