Interim Injunction Issued to Preserve Religious Harmony; Construction on Disputed Land Halted
In a significant ruling, the Madras High Court has intervened to halt the construction of a church in Coimbatore, issuing an interim injunction to maintain communal harmony in the region. The court's decision, delivered by a division bench comprising Justices G.R. Swaminathan and V. Lakshminarayanan, underscores the importance of preserving public order in sensitive areas and the necessity of thorough vetting before granting permissions for religious structures.
The case, initiated by petitioner Balasubramaniyam N., a resident of Kalapatti, challenged the Coimbatore District Collector's communication which provided police protection to facilitate the church's construction. The petitioner argued that the construction was being pursued on disputed land, which is a public road according to revenue records, and faced strong opposition from the majority Hindu community in the area.
The High Court noted that the right to practice, profess, and propagate religion under Article 25 of the Indian Constitution is subject to public order, morality, and health. Given the communal sensitivity of Coimbatore, which has witnessed religious disturbances in the past, the court emphasized the need to avoid any activity that might disrupt public harmony. The proposed church's proximity to an existing Mariyamman Temple raised concerns about potential communal tensions, especially as the local community, predominantly Hindu, vehemently opposed the construction.
The court also highlighted procedural lapses, noting that the construction lacked a clear title and necessary permissions. The Tamil Nadu Combined Development and Building Rules, 2019, require a No Objection Certificate (NOC) from the District Collector, which should be granted only after a comprehensive assessment of the land title and local opposition. In this case, the land records indicated the site as a public road, not private land, necessitating further legal proceedings to establish ownership.
Furthermore, the court referenced a previous order in WP No.8128 of 2024, which allowed for a fresh application for construction only after resolving the pending suit (O.S No.1378 of 2011) filed by the temple worshippers. This stance was reinforced by the Supreme Court's directive against erecting religious structures on roads and road margins.
The High Court's decision reflects a balanced approach, acknowledging the right to religious freedom while prioritizing public order and community sentiments. It urged authorities to refrain from granting permissions that could exacerbate communal tensions, emphasizing that any religious structure's construction should be contingent upon undisputed land titles and minimal opposition.
In conclusion, the court's interim injunction serves as a reminder of the judiciary's role in safeguarding communal harmony while upholding constitutional rights. The case remains pending, with the injunction in place until the resolution of the ongoing suit, maintaining the status quo in the region.
Bottom line:-
Permission for construction of religious structures must be supported by clear title of the land and must take into account strong opposition and proximity to existing religious sites.
Statutory provision(s): Article 25 of the Constitution of India, Tamil Nadu Combined Development and Building Rules, 2019, Tamil Nadu Urban Local Bodies Act, Section 128
Balasubramaniyam N. v. Collector, Coimbatore District, (Madras)(DB) : Law Finder Doc id # 2925973
