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CDJ 2025 MHC 6955 print Preview print print
Court : Before the Madurai Bench of Madras High Court
Case No : W.P. (MD) No. 14907 of 2020
Judges: THE HONOURABLE DR. JUSTICE G. JAYACHANDRAN & THE HONOURABLE MR. JUSTICE K.K. RAMAKRISHNAN
Parties : Narayanmoorthy Versus Union of India, Represented by the Principal Secretary, Ministry of Culture, New Delhi & Others
Appearing Advocates : For the Petitioner: R. Alagumani, Advocate. For the Respondents: R5 to R7, P. Thilakkumar, Government Pleader, R1 to R4, P. Subbiah, Advocate.
Date of Judgment : 02-12-2025
Head Note :-
Constitution of India - Article 226 -
Judgment :-

(Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to conduct 'Underwater Archaeology Excavation' to find out the Kumari Kandam, which was mentioned in various Tamil Classic literatures, which was later submerged in the Indian ocean due to various natural calamities and rise of sea level, which was once located to the southern side of Kanyakumari district.)

Dr. G. Jayachandran, J.

1. The Public Interest Litigation is filed by one Narayanamoorthy and has been pending before this Court for nearly five years.

2. The prayer in this writ petition is for issuance of a writ of mandamus or any other writ directing the respondents to conduct an Underwater Archaeology Excavation to find out Kumari Kandam, which has been referred in various ancient Tamil literatures.

3. According to the writ petitioner, Kumari Kandam is a landscape, which got submerged in the ocean due to natural calamities and ancient Tamil culture was flourishing in the said Kumari Kundam till it got submerged. An Underwater Archaeology Excavation will lead to know about the ancient civilization and Tamil culture.

4. This Court, after considering the prayer in the writ petition and the research papers on Kumari Kandam, appointed one Mr.Orissa Balu (alias) S.Subramani, as Amicus Curiae, to assist the Court. The said Mr.Orissa Balu has filed a report along with photographs. The report of the Amicus Curiae dated 02.12.2020 indicates that apart from ancient Tamil literatures, which refers about Kumari Kandam, a Continent otherwise known as Lemuria, some of the various historians have also made references about this and that an Underwater Archaeology Excavation will certainly help to know how ancient Tamilians had reached all over the world through their trade, heroism and culture. He has submitted in his report that a combined research effort with the help of the Department of Archaeology, Universities in Tamil Nadu, Marine Departments and other Departments, would throw more light on Kumari Kandam.

5. The Government Pleader appearing for the State of Tamil Nadu submits that since the proposed research has to be conducted in the ocean, the permission from the Central Government is required.

6. The learned counsel appearing for the Archaeological Survey of India submits that so far, the Central Government has not received any proposal from the State Government regarding the research on Kumari Kundam and that if they received any such proposal, the same will be considered and necessary support will be provided by the Central Government.

7. From the Article of Mr.Orissa Balu, who is no more, we find that 45 years ago, Tamil Nadu, had ventured to produce a short film based on the literatures having reference to Kumari Kandam. Thereafter, it has lost interest in the research on Kumari Kandam.

8. Taking note of the submissions and the importance of the subject, we are of the view that the State shall examine the report of the Amicus Curiae along with the research and other materials annexed with the report and make necessary proposal for conducting ocean research on Kumari Kandam. We hope that the State Government will take initiative and act positively in this regard.

9. With the above observations, this writ petition stands disposed of. There shall be no order as to costs.

 
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