Table of Content
1. petitioner challenges the legality of a religious structure built without prior administrative approval. (Para 1 , 2)
2. equivalence of 'prior approval' and 'noc' requirements for religious constructions across different building rule regimes. (Para 3)
3. structures built in contravention of statutory rules for religious buildings are unauthorized and subject to removal. (Para 4 , 5)
4. administrative authority to decide on land title and building approval based on merits and objections. (Para 6 , 7)
5. formal disposal of the writ petition and connected miscellaneous petitions. (Para 8)

Prayer:

Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 5 herein to remove the unauthorized constructions made by the respondents 6 to 10 in the encroached government property comprised in Old S.No.194/1 New Survey No.296 of an extent of 0.08.50 hectares situated at Sri Rengapuram Village, Theni Taluk and District, in accordance with law and within the time stipulated by this Court.

For Petitioner : Mr.Sricharan Rangarajan

Senior Counsel for Mr.P.Mahendran

For Respondents : Mr.S.Vinodh

Government Advocate for R.1 to R.3

Mr.M.Sakthi Kumar

Government Advocate (Crl Side) for R.4

Mr.A.K.Manikam for R.5

Mr.H.Lakshmi Shankar for R.11

No Appearance for R.6 to R.10

ORDER

(By G.R.Swaminathan J.)

Heard both sides.

2.The writ petitioner is a resident of Srirengapuram Village in Theni Taluk. He points out that in old Survey No.194/1, corresponding to new Survey No.296 in Srirengapuram Village, the private respondents have started erecting a temple without getting prior approval from the District Collector.

3.Rule 4(3) of the Tamil Nadu Panchayats Building Rules, 1997 which was in force then reads as follows:

“4.(3) No site shall be used for the construction of a building intended for public worship or religious purposes without the prior approval of the Collector of the district who may refuse such approval, if in his opinion, the use of the site and buildings is likely to endanger public peace and order.”

These Rules have been repealed by the Tamil Nadu Combined Development and Building Rules, 2019. It also contains a corresponding provision. As per Annexure – XVII of Tamil Nadu Combined Development and Building Rules 2019, the competent authority shall not entertain any building application for construction of buildings in relation to any religious institution unless such application is accompanied with a No Objection Certificate obtained from the District Collector concerned. This obviously means that NOC of the District Collector must have been obtained. While the earlier rules spoke of approval, the present Rules speak of NOC. While the word “prior” may be absent in the new Rules, the fact that the application must be accompanied by an NOC indicates that it must be prior in point of time. We, therefore, hold that there is no essential difference between the two legal regimes.

4.Admittedly, the structure in question is intended to be a place of public worship. It is conceded that approval of the District Collector has not been obtained. What has been put up is an unauthorised construction. Since the very erection of the structure was in contravention of the statutory rule, we direct the private respondents herein to remove the same within a period of four weeks from the date of receipt of a copy of this order.

5.In default, it is the duty of the local body to have the same demolished. We grant liberty to the private respondents to submit a formal application to the District Collector seeking approval in terms of the aforesaid statutory rule. On receipt of such application, the District Collector, Theni shall put the writ petitioner on notice. The writ petitioner is entitled to place all his objections.

6.One of the contentions advanced by the learned Senior Counsel is that the place in question is an unoccupied natham and that it vests with the Government and that

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