Raze church on encroached land in Kancheepuram: Madras HC
CHENNAI: The Madras High Court ordered the authorities of Kancheepuram district to demolish a church constructed on encroached government land within four weeks. Justice SM Subramaniam issued the orders recently on a 2013 petition.
He directed the Collector and RDO of Kancheepuram and the tahsildar of Sriperumbudur to demolish the unauthorised building (church) constructed by the fourth respondent (pastor) on a government meikkal poromboke land. The judge ordered the Collector to conduct an inquiry into the negligence, dereliction of duty, and lapses committed by the RDO and the tahsildar in not taking action on the complaint, and initiate disciplinary proceedings against them.
He also directed the Collector to investigate the resolution passed by the Panchayat in an unlawful manner, violating the provisions of the Panchayat Act and Rules, and initiate action against those involved in this. It is needless to say that when any such illegal encroachments or illegal constructions of religious institutions are found, the Collector is bound to initiate action as per the relevant law.
However, the judge said the pastor, if he owns any land, is at liberty to submit an application for permission from the competent authorities for the construction of a church. The petition was filed by a local resident M Murugesan. He stated that the said land survey no 83 located at Thennalur village was used as a burial ground for Hindus and it was classified as mayanam in the village register.
A balwadi and a water tank were constructed on a part of the land. The pastor, Sathrack, made an attempt to construct a church by encroaching upon the pathway to the burial ground. When the villagers objected to it, the Sriperumbudur Tahsildar directed him to stop construction till March 2013. However, he resumed the construction activities in March 2013 and carried it during night hours. The petitioner alleged that the authorities concerned did not take effective steps for preventing the illegal construction. The judge wondered whether public authorities could allow encroachments of government lands in case no objection was raised.
He pointed out that the Tahsildar had stated that the church was located at survey no 87/1C2 and not at survey no 83 as claimed by the petitioner. However, he did not say that survey no 87/1C2 was a meikkal poromboke land. Misleading the court would never be tolerated, the judge warned.