Even if God encroaches upon public land, court will order removal: Madras high court – Times of India

CHENNAI: Even if the God encroaches a public space, court will order removal of such an encroachment to ensure that rule of law is safeguarded, the Madras high court observed. Justice Anand Venkatesh made the observation while dismissing an appeal moved by a Namakkal temple, which has encroached into a public road.
“Courts cannot be hoodwinked by encroaching and constructing a temple in the name of God,” the judge said on Friday.
Dismissing the appeal moved by Arulmighu Palapattarai Mariamman Tirukovil, Justice Anand Venkatesh said: “In the considered view of this court, whoever commits an illegal act of encroaching upon a public street, even if it is a temple, should be prevented from undertaking such an illegal act.”
If any structure is put up in the public street and thereby, access to the public in using the street is restricted or prevented, such a structure must be removed immediately, the judge added.
There used to be a time when some individuals developed an impression that they could encroach upon a public space in the name of a temple or by planting an idol in that place. Courts are no longer concerned about who o r in what name such encroachments take place, the judge said.
The petitioners in the original suit filed against the temple were the owners of land adjacent to the temp le. Since the temple put up construction blocking the pathway to their property, they approached the court.