Rule of law can't be diluted even if matter pertains to deity: Madras HC on encroachment

The Madras High Court Friday directed the Tamil Nadu government to file details on encroachment of public lands by temples, churches and mosques, and said the rule of law cannot be diluted even if a matter pertains to a deity.

Justice SM Subramaniam gave the direction on a petition filed by Ramakrishnan seeking to remove an unauthorised temple in Coimbatore.

The judge directed officials including the secretaries of the Home, the Highways, the Municipal Administration and the Hindu Religious and Charitable Endowment Department to file their replies by January 21.

He also ordered them to submit statistics regarding all temples, churches and mosques on encroached public land, 'poramboke' (waste) lands and water bodies.

"Encroachment can never be approved or allowed. Even deity as a legal person cannot commit an act of encroachment.

"If a deity in a temple commits an act of encroachment, that is also to be dealt with in accordance with law.. (just) because it is a deity the rule of law cannot be diluted," he observed.

Noting that there was a growing trend across the country of causing inconvenience to vehicular traffic by constructing religious structures alongside roads without obtaining proper permission from authorities, the judge said the HR and CE department cannot encourage this.