Court affirms illegality of unauthorized religious structure and endorses demolition order citing law and order concerns under Tamil Nadu Panchayats Building Rules, 1997
The Madras High Court (Madurai Bench) recently dismissed a writ petition filed by the Tirunelveli Diocesan Trust Association challenging the rejection of their application seeking approval to convert a community hall into a Church in Tenkasi District, Tamil Nadu. The Division Bench comprising Justices M. Dhandapani and N. Dilipkumar held that the petitioner's conversion of the building into a Church without prior approval from the District Collector was illegal under the Tamil Nadu Panchayats Building Rules, 1997.
The petitioner had obtained permission from the local authority only for the construction of a community hall on the land at Nattarpatti Village. Subsequently, without obtaining the mandatory prior approval from the District Collector, the petitioner erected a 97-feet Spire and began using the building for Christian religious worship for nearly nine years. This unauthorized conversion prompted a public interest litigation (PIL) initiated by a local resident, leading the High Court to direct the petitioner to apply for formal approval.
Upon receiving the application, the District Collector sought reports from the Revenue Divisional Officer and the Superintendent of Police, Tenkasi. Both reports highlighted the potential for serious law and order problems if the religious structure was allowed to continue. The Revenue Divisional Officer noted issues with land mutation and apprehended disturbances, while the Police Superintendent emphasized the demographic imbalance with approximately 450 Hindu families and only 10 Christian families residing nearby, increasing the risk of communal tension.
Relying on Rule 4(3) of the Tamil Nadu Panchayats Building Rules, 1997, which mandates prior approval from the District Collector for any building intended for public worship and empowers the Collector to refuse permission if public peace is endangered, the Collector rejected the application. The Collector further ordered the demolition of the unauthorized additions and restoration of the building to its original community hall status.
The petitioner argued that the Church had existed peacefully for years without incidents and that the rejection was arbitrary and unreasonable. However, the High Court found that the Collector's order was a reasoned, lawful exercise of discretion considering the reports and the potential for communal discord. The Court emphasized that adherence to statutory procedures and maintenance of public order must take precedence.
Consequently, the High Court affirmed the Collector's order and directed the authorities to ensure peaceful demolition of the unauthorized religious structure within four weeks of the judgment. The Court underscored the importance of lawful compliance in constructing places of worship and the Collector's duty to safeguard communal harmony.
This judgment serves as a significant precedent reinforcing the legal requirement of prior approval for religious structures and the authority of administrative officials to act proactively to prevent law and order issues in sensitive communal contexts.
Bottom Line:
Tamil Nadu Panchayats Building Rules, 1997, Rule 4(3) - Conversion of a duly approved community hall into a Church without prior approval of the District Collector is illegal - Collector is entitled to refuse approval where reports of Revenue and Police authorities indicate likelihood of breach of public peace and order - Rejection of request for conversion and consequential direction to demolish unauthorised religious structure upheld.
Statutory provision(s):
Tamil Nadu Panchayats Building Rules, 1997 Rule 4(3), Constitution of India Article 226
