High Court directs to remove all illegal religious structures on govt land
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Kochi: In a significant order, the Kerala High Court has directed the state government to dismantle all religious structures that have come up illegally on government land. Issuing the order, Justice PV Kunjikrishnan also directed that a report on the action taken in this direction be submitted to the Registrar General of the High Court within one year. The judge also emphasized that the religious affiliation of the structures—whether Hindu, Christian, Muslim, or any other religion—should not be considered during the dismantling process. Furthermore, he directed that unauthorized religious centers on government land should not be allowed.
"God is omnipresent, including in pillars and even in rust. Therefore, the believers need not encroach on government land to construct religious structures. Let it be distributed to landless people and God will be more happy in such a situation and will shower blessings to all believers," noted the justice.
He also pointed out that allowing the construction of illegal religious structures and buildings in public places and on government land may create friction among different religions.
Key Directions
- The Chief Secretary should instruct the District Collectors to investigate, through the Tehsildar and the village officer, whether any religious icons, crosses, or other structures exist on government land.
- In case unauthorized constructions are spotted, the public can also bring this to the attention of the concerned District Collector.
- The Collector should complete the investigation within six months.
- If illegal structures are found, they should be dismantled with the help of the police within six months.
The Case
The High Court’s order comes in response to a writ petition filed by the Plantation Corporation of Kerala, asking for the eviction of those who have encroached on its properties given on long-term lease, thus protecting the government land. To support its argument, the petition highlighted incursions and the construction of unauthorized structures on the C Division of its Chandanappally Estate in Pathanamthitta and the law and order issues triggered by attempts to evict the trespassers.
Considering the petition, the High Court issued directions to the Pathanamthitta District Collector, DGP, Pathanamthitta District Police Chief, Adoor RDO, Konni Divisional Forest Officer, and the Koodal SI to evict the encroachers and remove all illegal structures on the property within six months.
In his order, Justice PV Kunjikrishnan also referenced an earlier order, stating that God would forgive even if the acquisition of land for developing the National Highway affected religious establishments and that God would protect the petitioners, authorities concerned, as well as the judge who wrote the judgment in this regard.