KOCHI: The Kerala High Court has directed the state government to remove all unauthorized religious structures from government land within a year. This includes stones, crosses, and other items of religious significance erected by any religious group.
Court Order and Instructions
Justice P V Kunhikrishnan issued the order in response to a plea by the Plantation Corporation of Kerala, which sought measures to evict encroachers from its estates. The high court instructed the chief secretary to mandate all district collectors to conduct thorough inquiries through revenue officials and other relevant authorities to identify such “religious encroachments” within six months. The public is also encouraged to report such matters to the district collectors.
If any illegal religious structures are found, the district collectors, with police assistance, are to remove them within six months following an inquiry and a hearing, the court ordered. An action taken report must be submitted to the registrar general of the High Court within a year.
Allegations of Encroachment
The Plantation Corporation of Kerala alleged deliberate attempts to trespass on government land under the guise of religion, with the support of certain political groups, particularly in areas such as Chandanappally Estate, Mottappara, Chandanathadikkal, and Padayanippara in Pathanamthitta district.
Judicial Observations
The court noted a growing trend of erecting stones or crosses in public places and on government land, claiming religious significance for these sites. This often leads to temporary constructions that eventually become permanent structures. Such practices, if left unchecked, could result in communal disharmony, Justice Kunhikrishnan observed.
The judge emphasized that believers, irrespective of their religion, should recognize that divine presence is omnipresent, including within their bodies, homes, and everywhere they go. Therefore, there is no need to encroach upon government land for religious structures. The court suggested that such land should be allocated to landless individuals or used for the benefit of mankind, asserting that this would please God more and result in blessings for all believers.
The Kerala High Court’s directive to remove illegal religious structures from government land highlights the importance of maintaining public spaces free from unauthorized encroachments. The court’s emphasis on communal harmony and the proper use of public land for the welfare of the community underscores the need for strict adherence to the law and equitable distribution of resources.
