Krishnan Padmanabhan Vs Archaeological Survey of India

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WP No. 18118 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 21-11-2025

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CORAM

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THE HONOURABLE MR JUSTICE M.DHANDAPANI

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WP No. 18118 of 2024

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Krishnan Padmanabhan

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S/o.Krishnaswamy Padmanabhan, Temporarily Residing at Old No.11, New No.27, Bishop Garden, RA Puram, Chennai- 600 028. Permanently residing at:1234, Pitman Avenue, Palo Alto, California – 94301, United States of America

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Petitioner(s)

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Vs

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Archaeological Survey Of India Chennai Sub Circle 1st Floor, Fort St.George, Chennai-600 009.

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2.The State of Tamil Nadu, Represented by the CID, Idol Wing, No.2, Natesan Salai, PTC Campus, Ashok Nagar, Chennai – 600 083.

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https://www.mhc.tn.gov.in/judis

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WP No. 18118 of 2024

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(R2 impleaded as 2nd respondent vide order of this Court dated 21.11.2025 in W.M.P.No.23732 of 2024)

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Respondent(s)

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PRAYER

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Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, to direct the respondent to consider the petitioner’s application dated 06.10.2022 and consequently register items 6 and 7 namely Tara Statute Bronze 14x14x46cm and Buddha Statute Bronze 10x13x39 cm as mentioned in the ASI Antiquities registration application dated 06.10.2022.

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For Petitioner(s): Mr.Gautam S Raman

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For Respondent(s): Mr. R. Rajesh Vivekananthan, Deputy Solicitor General of India

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ORDER

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The present writ petition has been filed to direct the respondents to

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consider the petitioner’s application dated 06.10.2022 and consequently register

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items 6 and 7 namely Tara Statute Bronze 14x14x46cm and Buddha Statute

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WP No. 18118 of 2024

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Bronze 10x13x39 cm as mentioned in the ASI Antiquities registration application dated 06.10.2022.

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The learned counsel for the petitioner would submit that the

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petitioner’s paternal grandmother, late Smt. Jayalakshmi, was a prominent personality in the field of Carnatic music at Chennai and was deeply spiritual in

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nature. During her lifetime, she had purchased several idols, Hindu religious paintings, lamps and related artworks and adorned them in her house. After her

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demise in the year 2005, the said items devolved upon the petitioner’s father, who subsequently passed away on 26.11.2011. The petitioner inherited all the said items, totalling 51 items, and on his own volition, applied to the ASI on 19.12.2011 for issuance of non-antiquity certificates to enable him to take the

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items to his residence in the USA. On the invitation of the ASI dated 29.12.2011, the petitioner produced all 51 items before the ASI on 04.01.2012 for inspection, pursuant to which 22 items were declared as non-antiquities fit for export, while the remaining 29 items were treated as suspected antiquities on

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10.01.2012. Subsequently, on 29.09.2022, the Idol Wing Police seized 7 idols

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and 2 paintings from the petitioner’s paternal house, pursuant to which, the

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petitioner approached this Court and was granted anticipatory bail on

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10.10.2023.

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It is further submitted that thereafter, the petitioner filed

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Crl.M.P.No.3611 of 2023 under Section 451 Cr.P.C. before the Special Court,

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Idol Wing, Kumbakonam for return of the seized items, which was dismissed on

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15.03.2024. The revision filed in Crl.R.C.(MD) No.254 of 2025 was allowed on

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04.08.2025 and the petitioner thereafter secured custody of the said 7 idols and 2 paintings. However, out of the 29 suspected antiquities, though 20 items were registered, the remaining 9 items were not registered, which compelled the petitioner to file the present writ petition, seeking registration of the remaining

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items under the ASI Act.

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The learned Deputy Solicitor General appearing for the respondents

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would submit that the total claim of the petitioner is in respect of 51 items, out of which, 22 were declared as non-antiquities, and 29 were suspected antiquities. Out of these 29 items, 20 items have already been registered by the

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ASI. With respect to the remaining 9 items (7 idols and 2 paintings), the same were under the custody of the Idol Wing Police and in view of the orders passed

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by the Madurai Bench in Crl.R.C.(MD) No.254 of 2025, the respondent

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undertake to take an appropriate decision regarding registration of the said 9 items in accordance with law.

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Heard both sides and perused the materials available on record.

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Considering the submissions made on either side and the factual

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sequence of events, this Court finds that out of the 29 items treated as suspected

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antiquities, registration has already been completed in respect of 20 items and

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the remaining 9 items had remained under the custody of the Idol Wing Police till the orders passed in Crl.R.C.(MD) No.254 of 2025. Now that the petitioner

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has secured custody of the said 7 idols and 2 paintings pursuant to the said

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order, this Court is of the view that the respondents are required to take a final

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decision regarding the registration of the remaining 9 items in accordance with

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the provisions of law.

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