Kerala High Court says no illegal religious structures should be allowed on government land

The court made it clear that if there are any illegal religious structures or buildings on any government land, the government should take necessary steps to remove the same forthwith.
Kerala High Court.
Kerala High Court.(File photo)
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KOCHI: The Kerala High Court on Thursday held that no illegal religious places should be allowed on government land, whether it is that of Hindu, Christian, Muslim or any other religion. “As far as believers are concerned, irrespective of their religion, God is everywhere, including in their bodies, their homes and wherever they go. Therefore believers need not encroach on government land to construct religious structures. Let it be distributed to landless people and used for mankind. God will be more happy in such a situation and will shower blessings on all believers,” said Justice P V Kunhikrishnan.

The court made it clear that if there are any illegal religious structures or buildings on any government land, the government should take necessary steps to remove the same forthwith. The chief secretary should issue a direction to all district collectors to get a report from the village officers and tahsildars to conduct an inquiry to find out whether any illegal religious structures, including the erection of unauthorised stones or crosses or other structures by any religious group, are on government land.

Based on the report of the village officers and tahsildars concerned, the district collectors should take necessary actions within six months to evict all illegal religious structures with the help of the police so that we can live in communal harmony to strengthen the country as a ‘Sovereign Socialist Secular Democratic Republic’ as enshrined in the preamble of the Constitution. The action taken report should be filed by the collector before the court within one year.

The court said that the Constitution gives religious freedom to all citizens as per Article 26 of the Constitution. That does not mean that a citizen can do anything which may lead to communal disharmony. “Nowadays, it is a trend to erect some stones or crosses in public places and on government land claiming religious importance to that place and thereafter to start worshipping these stones and crosses with religious colour.

Subsequently, this will lead to temporary constructions and ultimately to permanent constructions treating them as a religious place. If people start to construct illegal religious structures and buildings in public places and on government land, it may create friction among religions,” said the court.

The court issued the order on a petition filed by the Plantation Corporation of Kerala Ltd, Kottayam, seeking a directive to evict all encroachers from their land. The petitioner alleged that there has been a conscious attempt by certain political groups to trespass into the properties of the corporation and construct a temple.

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