CHENNAI: The Madras High Court on Friday said courts will order removal of encroachment even if God encroaches upon a public space. No God requests new temples by encroaching upon public spaces or by raising a structure in the name of temple, said Justice N Anand Venkatesh while passing orders on a case relating to a structure raised by Palapattarai Mariamman Temple located in Namakkal on a public street that blocked adjacent property owner from accessing the road.
“We have reached a situation where even if God encroaches upon a public space, courts will direct the removal of these encroachments as public interest and rule of law must be safeguarded and upheld,” he said. Courts cannot be hoodwinked by encroaching and constructing temples in the name of God, the judge said, adding that some have created an impression that they can encroach upon public spaces by raising a temple or planting an idol.
“Courts are not concerned about who or in what name encroachments take place,” he said. An illegal act of encroachment on a public street, even if it is a temple, should be prevented. Structures that hinder public movement on street must be removed immediately, he added.
Quoting a judgment, he pointed out that owner of a property located adjacent to a public street has the right of access to the street. Referring to the dispute, he said the temple administration violated a status quo order and completely denied the petitioners access to the street, and the petitioners had to be literally air dropped into the property. Refusing to interfere with the judgment and decree of the additional district court of Namakkal, the court dismissed the appeal of the temple.
‘Ensure street is freed from encroachments’
THE court ordered removal of the entire construction within two months. If the temple failed to comply with the order, municipality must remove it to ensure street is freed from encroachments, he said.
The case pertains to a construction raised by the temple blocking access to the petitioners, Pappayee and
Pavayee (since died), denying access to their property.
The principal district munsiff court in Namakkal dismissed a petition filed by the couple. The additional
district court had overturned that order.
Access blocked
The case pertains to a construction raised by the temple blocking access to the petitioners