MADRAS HIGH COURT ORDERS PROBE INTO IDOLS INSTALLED BENEATH TREES, DISPOSES PUBLIC ENCROACHMENT PETITION:

The Madras High Court has directed the Commissioner and Assistant Commissioner of Erode City Municipal Corporation to conduct a field inspection and survey to identify encroachments on public roads and places, including religious idols installed beneath trees. The Court emphasised that such encroachments must be addressed at the initial stage itself by following due procedure under the relevant statutes and rules, while providing an opportunity of hearing to the concerned parties.

A Division Bench comprising Justice S. M. Subramaniam and Justice K. Surender passed the order while disposing of a writ petition filed by a citizen seeking removal of an alleged encroachment made by one B. Jothi (fifth respondent) on a public road and a tree belonging to the Erode City Municipal Corporation. The petitioner had submitted a representation to the authorities complaining about the encroachment, but when no action was taken, he approached the High Court.

The petitioner contended that the fifth respondent had encroached upon the road portion by installing a religious statue. He highlighted a common modus operandi adopted by encroachers, who begin by installing idols of gods in public places and on roads, and gradually proceed to construct permanent structures. Such practices, according to the petitioner, obstruct the free flow of traffic and cause inconvenience to the general public. He urged the Court to direct the authorities to remove the encroachment at the initial stage itself and ensure that no person is permitted to install religious statues or idols on public roads.

The Bench carefully examined the photographs placed on record by the petitioner, which clearly showed that some religious idols had been installed beneath a tree on the public road. Taking note of this visual evidence, the Court observed that it was necessary to verify the ground reality.

The Division Bench directed the Commissioner and the Assistant Commissioner of the Erode City Municipal Corporation to conduct a comprehensive field inspection and survey to identify all such encroachments in the area. If any encroachments are found during the inspection, the authorities shall issue appropriate notices to the concerned persons by strictly following the procedures prescribed under the relevant statutes and rules in force. The Court made it clear that due opportunity of hearing must be provided to the fifth respondent or any other encroachers before taking further action.

The Bench stressed the importance of maintaining public spaces free from unauthorised occupations. It noted that allowing religious idols to be installed on public roads and subsequently permitting construction of structures around them sets a dangerous precedent and affects the rights of the general public to use the roads freely. The Court expected the authorities to act promptly and in accordance with law to prevent such encroachments from becoming permanent.

The Madras High Court disposed of the writ petition by granting twelve weeks’ time to the respondents to complete the entire exercise of inspection, identification of encroachments, issuance of notices, and further proceedings as per law. The order aims to strike a balance between public interest in maintaining clear public spaces and the requirement of following due process before removing any alleged encroachment.

This judgment serves as a reminder to civic authorities to remain vigilant against the gradual encroachment of public roads and places under the guise of religious installations. It also reinforces that while religious sentiments must be respected, they cannot be allowed to justify unauthorised occupation of public property, which belongs to the citizens at large.