Temple on Water Body Bund Denied Protection Under Places of Worship Act, 1991
In a significant ruling, the Madras High Court (Madurai Bench) has dismissed a writ petition seeking the regularization of a temple constructed on government land. The bench, comprising Dr. G. Jayachandran and K.K. Ramakrishnan, JJ., delivered the judgment on February 6, 2026, highlighting the misuse of legal provisions intended for residential encroachments and the protection of places of worship.
The petitioner, N. Kumar, claimed to be the Managing Trustee of Sri Arulmighu Raajakaliamman Temple, located in Ramanathapuram District. He sought to quash a notice issued by the District Revenue Officer under Section 128 of the Tamil Nadu Local Bodies Act, 1998, which mandated the removal of the temple structure deemed as an encroachment on a water body bund used as a public pathway.
The court observed that the petitioner had constructed the temple without any permission on government land classified as Orruni Poramboke Road. The petitioner argued that the temple existed from time immemorial and invoked the Places of Worship (Special Provisions) Act, 1991, claiming protection against eviction. He also sought patta under G.O.(Ms) No.205, dated April 26, 2025, which allows regularization of residential encroachments.
However, the bench clarified that G.O.(Ms) No.205 applies exclusively to residential encroachments on unobjectionable government lands and does not extend to non-residential structures like temples. Furthermore, the Places of Worship Act, 1991, intended to maintain the religious character of places as of August 15, 1947, does not protect unauthorized structures built on government land post-1947.
The court emphasized adherence to natural justice principles, noting that the petitioner was provided notice and opportunity to present his case. The claims of arbitrariness and violation of constitutional rights under Articles 14, 25, 26, and 300-A were rejected, with the court underscoring the petitioner's failure to demonstrate a legitimate claim to the land.
The judgment reinforces the legal framework governing encroachments and the specific applicability of statutory provisions, ensuring that government lands remain protected from unauthorized occupation. The decision serves as a precedent for similar cases, upholding the rule of law and the intended purpose of legislative measures.
Bottom Line:
Encroachment on government land - Claim for patta and protection under Places of Worship (Special Provisions) Act, 1991 - Temple structure built on government land without permission cannot be regularized or protected under the Act or government order meant for residential encroachments.
Statutory provision(s): Tamil Nadu Local Bodies Act, 1998, Places of Worship (Special Provisions) Act, 1991, Articles 14, 25, 26, and 300-A of the Constitution of India, G.O.(Ms) No.205, Revenue and Disaster Management Department, dated 26.04.2025.
N.Kumar v. District Collector, (Madras)(DB)(Madurai Bench) : Law Finder Doc id # 2852957
