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    Report on encroachment by religious structures sought

    Holding that a deity being a legal person cannot be allowed to encroach public land with the help of few land mafias or some land grabbers, the Madras High Court has directed the State to file statistics regarding the existence of all such temples, churches, mosques in an encroached public land, water bodies and water resources to enable the court deal with the matter appropriately.

    Report on encroachment by religious structures sought
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    Chennai

    Justice SM Subramaniam before whom a plea came up seeking to remove the unauthorised construction in the name of Vinayagar temple in the Revenue Divisional Office, Coimbatore, said, “Encroachment can neither be approved or allowed. Even deity as a legal person cannot commit an act of encroachment. If a deity in a temple commits an act of encroachment, that is also to be dealt with, in accordance with law and because it is a deity, the rule of law cannot be diluted.”


    “Under these circumstances, the temples, churches, mosques or any other religious institutions, if constructed by encroaching public roads causing inconvenience to vehicular traffic or if any constructed on water resources and water bodies, depriving the citizen to get the water resources, then all are to be dealt in accordance with law,” he said.


    Also, on suo motu impleading the Principal Secretaries of the Home Department, Municipal Administration, State Highways Department and Secretary and Commissioner, Hindu Religious and Charitable Endowments Department (HR&CE), Justice Subramaniam sought them to provide statistics of such encroachments after posting the matter to January 21 for further consideration.


    The judge is his order also held, “This court is of an opinion that large number of temples on the public roads, government poramboke areas, water bodies and water resources are being constructed by a few land mafias and greedy men for their personal gains and for unlawful encroachments. Such temples are being constructed by these men either to grab the land or for personal unlawful enrichment.”


    “HR&CE Department cannot encourage such attitude of the people in respect of construction of temple by encroaching the public lands and public roads. It amounts to abuse of sentiments and emotions of the people with reference to their religious faith and sentiments,” Justice Subramaniam added.

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