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2026 Supreme(Online)(Mad) 47387
IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.R.Swaminathan, R.Poornima, JJ
Lakshmi Kanthan – Appellant
Versus
District Collector – Respondent
W.P.(MD)No.9108 of 2022
For the Appellants/Petitioners: N.S.Karthikeyan
For the Respondents: M.P.Senthil, Devasena, V.Shathurthi Raja
The construction of religious structures on public roads is strictly prohibited, and such unauthorized encroachments are subject to mandatory demolition by local authorities.
Headnote:The petitioner moved the High Court under Article 226 of the Constitution of India seeking a writ of mandamus for the removal of an encroachment on a public road in Madurai. The court noted that a religious structure had been recently constructed on a public thoroughfare, confirming the petitioner's allegations through reports from local authorities. The court determined that the unauthorized construction of religious structures on public roads is impermissible in law. The core issue addressed was whether a recently constructed religious structure on a public road warrants demolition to restore public access. The court reasoned that while old structures might be subject to different considerations, a recent encroachment of this nature cannot be permitted, as it obstructs public space contrary to legal mandates. The writ petition was allowed, and the local corporation was directed to demolish the temple with police protection provided by the jurisdictional authorities.
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| 1. unauthorized religious encroachments on public roads are impermissible and must be removed. (Para 2) |
(Order of the Court was delivered by G.R.SWAMINATHAN, J.)
Heard both sides.
2. The petitioner is a resident of Subramaniapuram. He points out that one temple has recently been constructed in the petition mentioned public road. The Corporation authorities confirmed the petitioner's allegation. If it is a very old temple then we can adopt a different approach. But that does not appear to be the case. It is said to be a recent construction. Construction of a religious structure on a public road is impermissible in law.
3. We direct the fifth respondent to demolish the said temple.
The seventh respondent is directed to provide suitable assistance and protection to the Corporation officials to demolish the same. This writ petition stands allowed. No costs.
