The Madras High Court has restrained the construction of a church near a century-old Mariyamman temple in Coimbatore, observing that the objections raised by local residents could not be ignored and that the possibility of mala fide intent could not be ruled out in the facts of the case.
The Division Bench of Justice GR Swaminathan and Justice V Lakshminarayanan passed the interim order on a writ petition filed by Balasubramaniyam N, a resident of Kalapatti, Coimbatore, challenging official communications permitting the proposed construction and seeking the removal of what he described as an illegal structure raised on government land and a public road.
The Court noted that the dispute concerned the proposed construction of a large church in close proximity to an existing Mariyamman temple that has been in existence for more than 100 years. Taking judicial notice of the communal sensitivity of Coimbatore, the Bench observed that the city had witnessed communal violence, riots and bomb blasts in the past, making it necessary for authorities to exercise greater caution while dealing with issues that could affect public order and social harmony.
According to the Court, the proposed church was intended to come up within a very short distance of the temple. The Bench observed that there were only a small number of Christian families in the locality and that if a large church was proposed in the immediate vicinity of the temple, the possibility of ulterior motives could not be completely discounted at this stage.
The Court further recorded that Hindus constituted an overwhelming majority of the residents in the locality and had strongly opposed the proposed construction. It held that where a substantial section of the local population raised objections to a religious structure being established in the immediate vicinity of an existing place of worship, the competent authorities could not casually disregard such objections without due consideration.
At the same time, the Bench clarified that mere opposition by the majority community could not by itself be a ground to deny a constitutional right. The Court observed that if a legal right was established and the objections were found to be unreasonable, the state was duty-bound to protect and enforce that right. However, in the present case, the Court found that a prima facie case had been made out for the grant of interim protection.
The petitioner contended that the proposed construction was being carried out on government poramboke land and on a public road. The Court examined the revenue records and noted that Survey No. 155/2, where the church was proposed to be constructed, was classified as a tar road in official records. The Bench observed that title over such land could not vest in a private entity when revenue records identified it as a public road.
The Court also took note of the history of the dispute. It recorded that permission had been granted in 2010 for the construction of a church in Survey No. 155/2 despite opposition from local Hindu residents. A civil suit challenging the validity of that permission is presently pending before the District Munsif Court at Coimbatore.
The Bench further noted that in an earlier writ petition filed by the Church of South India, the High Court had granted liberty to submit a fresh application for construction only after the disposal of the pending civil suit.
The counsel for the petitioner sought urgent consideration of the matter by referring to recent political developments in the state following the appointment of C Joseph Vijay as Chief Minister. The petitioner alleged that certain fundamentalist organisations had become emboldened after the change in government.
Reference was also made to statements and incidents that, according to the petitioner, reflected an increasingly assertive religious atmosphere in the State.
The Bench, however, made it clear that political developments could not influence the adjudication of legal disputes. The Court observed that while political circumstances may change from time to time, the governing legal principles remained unchanged, and courts were obligated to apply the law irrespective of the prevailing political scenario.
The Court also recorded submissions regarding the demographic composition of the village. According to the petitioner, the village originally consisted of around 350 families, of whom only three professed Christianity. It was further claimed that the population had now increased to approximately 1,000 families, of which around 950 families were Hindus, about 15 families were Muslims, and only a few families professed Christianity.
While acknowledging that Article 25 of the Constitution guaranteed the right to freely profess, practise and propagate religion, the Bench emphasised that the exercise of such rights remained subject to considerations of public order. The Court held that the balance between religious freedom and maintenance of public peace must be carefully examined in the facts of each case.
Considering the material placed before it, the Court concluded that failure to grant interim relief could adversely affect social harmony and communal amity. Holding that a prima facie case existed in favour of the petitioner and that irreparable injury could result if construction proceeded during the pendency of the proceedings, the Bench restrained further construction of the church until further orders.
The post Madras High Court halts Church construction near Mariyamman Temple in Coimbatore appeared first on India Legal.