IMPORTANT POINT
The central legal point established in the judgment is the need to prevent illegal religious structures on government land to maintain communal harmony, as emphasized by Article 26 of the Constitution of India and relevant case laws.

JUDGMENT :

The preamble of the Constitution of India starts with the words, “WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC------”. Originally, it was “Socialist Democratic Republic” and it was substituted by the Constitution (Forty-second Amendment) Act, 1976 to “Sovereign Socialist Secular Democratic Republic”. Our constitution gives religious freedom to all citizens. Subject to public order, morality and health, every religious denomination or any section thereof shall have the right to establish and maintain institutions for religious and charitable purposes as per Article 26 of the Constitution of India. That does not mean that the citizen can do anything which may lead to communal disharmony. Nowadays, it is a trend to erect some stones or cross in public places and government land claiming religious importance to that place and thereafter to start worshipping these stones and cross with religious colour. Subsequently, this will lead to temporary constructions and ultimately permanent construction treating it as a religious place. If people start to construct illegal religious structures and buildings in public places and government land, it may create friction among the religions which will definitely lead to religious disharmony.

2. The facts of this case is a best example to show that illegal constructions are made for worship in government land and later making pucca structures claiming that it is religious places. The petitioner in this writ petition is the Plantation Corporation of Kerala, represented by its Managing Director. The Plantation Corporation of Kerala is the largest Plantation Company in public sector and the same was formed in 1962. By an indenture of lease dated 09.07.1971, executed between the State of Kerala and the Plantation Corporation of Kerala, a long term lease of immovable property was granted to the Plantation Corporation of Kerala. As per Ext.P1, the respective properties given on lease were the land known as Kodumon Group, the land known as Kalady Group and the land known as Perambra Group. Ext.P1 would indicate that the leased property is the property of the Government and that the Plantation Corporation of Kerala is a lessee of the same.

3. One of the estates of the Corporation is known as Chandanapally Estate, which is separated by specific boundaries from the adjoining private properties, is the submission. According to the petitioner, there were consistent attempts of certain vested interests to establish a temple in Division C of the Chandanappally estate during November, 2009. Such acts had the effect of the property of the corporation being trespassed upon by private individuals in the name of establishing a temple, is the submission. When such a move was opposed, there was a serious law and order situation and ultimately the Revenue Divisional Officer, Adoor and the DYSP of Police, Adoor intervened in the issue, is the submission. Subsequently, the matter was resolved and the trespassers agreed that no further encroachment or constructions would be carried out. It is submitted that, violating the above undertaking, the respective encroachers, who were aided by respondents 8 and 13 and their associates attempted to trespass into the property of the Corporation on 27.06.2010. The petitioner submitted Ext.P2 representation before the Revenue Divisional Officer, Adoor on 01.07.2010. Even thereafter, there were several attempts by several religious organizations to trespass into the property of Chandanappally Estate and to establish temples thereon and whenever the authorities of the Corporation attempted to question the respective trespass, they were threatened by certain fanatic outfits, is the submission. The details of the attempted encroachments are incorporated in the writ petition in the following manner;

a. Division C of Chandanappally Estate

In this Division, there was a small idol worship and subsequentl