Madras HC says there is no religion for encroachment, orders removal of church

CHENNAI: A road or a street does not have any religious character. Irrespective of the nature of the superstructure, whether it is religious or irreligious, if it is an encroachment on a street or a public place, or on land vested in or belonging to a local body, the commissioner (of the local body) is statutorily required to remove it after due notice, Madras high court has said.

Justice V Lakshminarayanan made the observation on Tuesday while ordering the removal of a shrine of Mother Velankanni constructed in SRP Kovil Street (North), Thiru Vi Ka Nagar, Kolathur, Chennai, on a public road.


“The plea that the idol has been in existence for more than 30 years is no defence at all. Every minute, nay, second that an illegal superstructure is on a public road or a street gives a fresh cause of action to the commissioner to invoke his power under the Tamil Nadu Urban Local Bodies Act,” the court said.

The court passed the order on a plea moved by A Sarath, who owned a property situated in Thiru Vi Ka Nagar. According to the petitioner, while carrying out repairs to his property, and while taking steps towards the housewarming function, he noticed that, in a temporary structure which already existed, a statue of Mother Mary was installed near his property.

Therefore, he wanted the authorities to remove the encroachment obstructing the public road. Opposing the plea, one Daniel submitted that he, along with his friends, constructed the structure in 1995, and it was in existence for more than 30 years.

Refusing to accept the submissions, the court directed the Greater Chennai Corporation (GCC) commissioner to take steps to remove the structure on or before Feb 10 and file a compliance report on Feb 11.