JOSEPH POTHEN vs STATE OF KERALA

The Supreme Court held that the Travancore Ancient Monuments Preservation Regulation (1 of 1112/M.E.-1936-37) was not impliedly repealed by the extension of the Central Act VII of 1904 or by the Central Acts LXXI of 1951 and XXIV of 1958. The Court ruled that the State Regulation continued to be applicable as the Central Acts did not cover the specific monument in question. The Notification declaring the fort wall as a protected monument was upheld as valid, affirming the State's authority under Section 3 of the Regulation.