CHENNAI: Holding that religious sentiment cannot justify encroachment on public land, the Madras High Court has ordered the removal of a religious structure erected on a public road in Thiru Vi Ka Nagar.
A Sarath, a resident of Thiru Vi Ka Nagar in Chennai had approached the Madras High Court complaining that a shrine housing a statue of Mother Velankanni had been illegally erected on a public pathway in front of his house, obstructing access and pedestrian movement.
The petitioner also alleged that electricity was being drawn for the shrine without authorisation from the authorities concerned, and added that the civic officials have failed to act to address the issue despite him filing a complaint on September 13, 2025.
When his writ petition came up for hearing, Justice V Lakshminarayanan of the High Court noted that an inspection conducted by officials of the Greater Chennai Corporation confirmed that the structure stood on ‘Sarkar Poramboke’ land classified as a public road. Records showed that around 8 square metres of the road had been encroached upon for the shrine.
When R Daniel, who had established the shrine, claimed that the structure existed as a place for worship for nearly 30 years and held religious significance for the local community, the court rejected the contention.
The judge observed that “a road or street does not have any religious character”, and added that the Constitution cannot be invoked to protect an illegal structure on a public thoroughfare.
The Supreme Court, as well as the Madras High Court, have held that it is not open to any person to construct a religious structure on a public thoroughfare road and, thereafter, project religious feelings as a ground to resist the removal of such encroachment, the judge pointed out.
The court then directed the Chennai Corporation Commissioner to pass appropriate orders and ensure its implementation, on or before February 10.