Even If ‘GOD’ Encroaches Upon Public Space, Will Order Its Removal
Case: Arulmighu Palapattarai Mariamman Tirukoil v. Pappayee & Ors.
Coram: Justice N. Anand Venkatesh
Case No.: S.A.No.190 of 2013 & M.P.No.1 of 2013
Court Observation: “There used to be a time when some individuals developed an impression that they can encroach upon a public space in the name of a temple or by planting an idol in that place…Courts cannot be hoodwinked by encroaching and constructing a temple in the name of God. We have enough temples and no God has made any request to construct new temples by encroaching upon public space or by raising a structure in the name of the temple”
“In the present case, it is quite unfortunate that the 2nd defendant Municipality virtually attempted to wash off their hands by blindly supporting a flagrant encroachment made by the 1st defendant Temple. This sudden change of stand taken by the 2nd defendant was probably due to some official who was handling the case wrongly understanding the term “God Fearing”.
Even assuming that the plaintiffs have alternate access to their property, that does not mean that the plaintiffs can be deprived of their right to use a public street for ingress and egress to their property…. It was further held [in K Sudasan] that the owner of the property adjacent to a public street has got the right to access such street at any point at which his property actually touches the street.”
“The photographs that were produced before this Court shows that the plaintiffs have been completely prevented from having any access to the public street from their property. They have to be literally air dropped into their property. The conduct of the 1st defendant Temple is highly condemnable”.
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Encroaches Upon Public Space, Order Its Removal
