No Illegal Religious Structures Should Be Allowed On Govt Lands, Encroachments By Religious Groups Would Lead To Disharmony: Kerala High Court

The Court referred to the Preamble of the Constitution to state that religious freedom guaranteed by the Constitution does not mean that citizens could encroach upon government land to construct religious structures and disrupt religious harmony.

Justice P.V.Kunhikrishnan issued directions for the identification and eviction of unauthorized and illegal religious structures from government or public lands to uphold communal harmony and to strengthen the country as a 'SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC' as enshrined in the Preamble of the Constitution of India. It observed thus:

“Kerala is a small State in which there are hundreds of temples, churches and mosques. Kerala is known as 'God's Own Country'. Kerala is a state where the population is high. The Government is taking steps to distribute the Government land to hundreds of landless people. Some of the land is given for plantation on lease. Such places cannot be utilised for religious purposes. It will only create religious disharmony in the State. If one religion is allowed to erect its deity in a Government land, the other religions also will start to erect their religious institutions. This will only create problems, including law and order issues in the State. Therefore, I am of the considered opinion that no illegal religious places should be allowed on Government land, whether the same is that of Hindu, Christian, Muslims or any other religion.”

The Court was considering a writ petition filed by Plantation Corporation of Kerala which obtained a lease for an immovable property from the state government. The plea stated that several attempts were made by fanatic outfits to construct religious structures such as Temple, Thrishuls, to expand worship of a small idol in the property of the Plantation Corporation. The plea stated that there was law and order situation when the Plantation Corporation prevented construction of religious structures or encroachments by religious outfits.

The plea alleged that attempts were made by political groups to trespass and encroach upon government lands leased by the Plantation Corporation.

The Court found that the workers of the Plantation Corporation who were mostly from the Hindu community constructed small erected small buildings and placed deities in them since they had no other places of worship nearby. The Court said that illegal religious structures are constructed under the guise of religious worship which cannot be permitted. It stated that government lands cannot be encroached upon and used for religious purposes since that would lead to religious disharmony.

The Court went on to state that God Is Omnipotent and present everywhere. It thus stated that believers need not encroach upon government lands to build illegal religious structures to offer worship. It stated that such government lands could be distributed to landless persons in the name of mankind which would make God happy.

It referred to Noorul Islam Samskarika Sangam Thottekkad, Malappuram v. District Collector, Malappuram and others (2022) to state that Kerala has sufficient number of religious structures and buildings.

The Court thus ordered for identification and remove of illegal religious structures from government lands. It thus issued the following directions.

“1. The Chief Secretary of the State will instruct all the District Collectors in the State to conduct an enquiry through the Tahsildars, Village Officers etc. to find out whether any illegal unauthorized stones or cross or other structures are erected with a religious colour in any Government land by any religious group. If any illegal religious structures are there on the Government land, the public is also free to bring the same to the notice of the District Collector. The District Collector shall conduct such an enquiry within a period of six months from the date on which the orders are received from the Chief Secretary of the State.

2. Once any illegal religious structures are found in the Government land, the jurisdictional District Collectors with the aid of the Police department shall evict the illegal religious structures from the Government land, within a period of six months after the enquiry is conducted as directed above, of course after hearing the affected parties if any.”

The Court also directed the Registrar General to place an action taken report before it within one year.

Counsel for Petitioner: Standing Counsel Rajesh N

Counsel for Respondents: Government Pleader Riyal Devassy, KK Sethukumar

Citation: 2024 LiveLaw Ker 317

Case Title: The Plantation Corporation Of Kerala Limited v State of Kerala

Case Number: WP(C) NO. 34919 OF 2016

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