JUDGMENT
Dated this the 26thday of September 2023
A.J. Desai, C.J.
The petitioner is the Indian National Trust for Art and Cultural Heritage (INTACH) involved in the protection and restoration of heritage structures all over India. The petitioner's grievance is regarding the proposal for the acquisition and possibility of demolition of the St. George Orthodox Church at Cheppad, believed to have been constructed in the 13thCentury, for the purpose of widening National Highway 66. By way of the present petition filed under Article 226 of the Constitution of India, the petitioner prays as under:
"a) Issue a writ of mandamus or such other writ or order directing respondents 1 & 3 to take immediate steps to notify St. George Orthodox Church, at Cheppad, Alleppey Dist. as a protected monument/ancient monument under the Ancient Monuments and Archaeological Sites and Remains Act, 1958.
b) Issue such other order or direction to the 4th respondent, not to demolish or make any alteration to the St. George Orthodox Church, at Cheppad and its
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fixtures and fittings till the notification process of the church is completed."
2. Since the National Highways Authority of India is constructing an elevated Highway in the area, the church is not going to be affected. The other prayer is to direct respondents 1 and 3 to notify St. George Orthodox Church, Cheppad as a protected monument/ancient monument under the Ancient Monuments and Archaeological Sites and Remains Act, 1958. The decision as to whether the church is an ancient monument has to be taken in accordance with the provisions of the Ancient Monuments and Archaeological Sites and Remains Act, 1958. Hence, the competent among respondents 1 to 3 is directed to decide the said issue at the earliest.
The writ petition is disposed of accordingly. Pending interlocutory applications, if any, shall stand closed. Sd/-
A.J. Desai Chief Justice
Sd/-
V.G. Arun Judge
vpv
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EXHIBIT R4A SKETCH SHOWING THE LIE OF THE 5TH
RESPONDENT CHURCH.
EXHIBIT R4B PICTORIAL REPRESENTATION SHOWING THE
EXTENT OF THE BUIDING THAT WILL BE
ACQUIRED.
EXHIBIT R4C PHOTOGRAPHS OF THE CHURCH IN QUESTION.
//TRUE COPY//
P.A. TO JUDGE
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