The Madras High Court on Thursday sought to know the response of the State government to a public interest litigation (PIL) petition seeking a direction to demolish all temples, churches, mosques and other such religious structures constructed on public land, roads, streets, parks, waterbodies and inside government offices.
A Bench of Justices M. Sathyanarayanan and N. Seshasayee directed Government Pleader V. Jayaprakash Narayan to take notice on behalf of the official respondent and directed the petitioner’s counsel S. Doraisamy and V. Elangovan to implead institutions such as the Tamil Nadu Wakf Board and others as respondents.
M. Kannadasan, 29, Kancheepuram district president of Thanthai Periyar Dravidar Kazhagam (TPDK) filed the PIL petition on the ground that some land mafias and greedy individuals were in the habit of encroaching upon public properties and raising religious institutions over there for their unlawful and personal enrichment. “The growing trend across the country is that of constructing temples, churces and mosques on public roads by causing inconvenience to vehicular traffic as well as pedestrian movement. Temples, churches and mosques are also constructed by encroaching upon public lands on roadsides and without obtaining proper permission.
Petition in 2005
“A secular government cannot encourage such attitude of the people in respect of illegal construction of religious institutions. Even a deity 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 without any dilution,” he said.
He pointed out that one Ramakrishnan had filed a writ petition in the High Court in 2005 seeking demolition of a temple constructed on the Revenue Divisional Officer’s premises in Coimbatore. When the case got listed before Justice S.M. Subramaniam in January, the judge called for number of religious institutions constructed on public lands.
The Municipal Administration Secretary filed a report in February stating that as many as 3,168 religious structures had been constructed on public properties and a majority of those structures were temples (3,003), followed by churches (131) and then mosques (27). Thereafter, the case was not listed before the judge due to a change in portfolio.
Further, since the Centre as well as State government had issued a series of orders, circulars and letters since 1968 stating that no religious structure could be constructed on government office premises and no religious function should be celebrated, these instructions continue to be flouted with impunity in most of the government offices, the petitioner claimed.
