Justice Kunhikrishnan stated that God is omnipotent and omnipresent, existing in the hearts of believers, their homes, and wherever they go. He stated, “Believers need not encroach upon government land to construct religious structures. Let it be distributed to landless people and used for mankind. God will be happier in such a situation and will shower blessings on all believers.”
Kochi: Today (30th May): The Kerala High Court issued a directive prohibiting the establishment of illegal religious structures on Government land, emphasizing that such encroachments are unnecessary and promote communal discord. Justice P.V. Kunhikrishnan in response to a plea from the Plantation Corporation of Kerala Ltd.
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Justice Kunhikrishnan stated that God is omnipotent and omnipresent, existing in the hearts of believers, their homes, and wherever they go.
He stated,
“Believers need not encroach upon government land to construct religious structures. Let it be distributed to landless people and used for mankind. God will be happier in such a situation and will shower blessings on all believers.”
The plea was filed by the Plantation Corporation of Kerala Ltd, seeking the removal of encroachers from its leased properties in Pathanamthitta district, including illegal religious structures. The Corporation argued that certain political groups were using religion as a pretext to trespass on its land, leading to serious law and order issues.
Allowing the Corporation’s plea, the court directed the state Government, police, and district authorities to identify and evict all encroachers, including those who have constructed illegal religious structures on government land. The court mandated that these actions be completed within six months of receiving a copy of the judgment.
“The District Collectors, in collaboration with the police department, are instructed to remove any illegal religious structures found on government land within six months of conducting the inquiry as directed above, ensuring that affected parties are heard, if any,” declared the court.
The court further instructed the Chief Secretary to order all District Collectors to investigate any unauthorized religious structures on government land within six months. If illegal structures are found, they must be removed within six months, with the affected parties given a chance to be heard.
Justice Kunhikrishnan noted in his ruling that every religious group or denomination is entitled to create and uphold institutions for religious and charitable activities.
“That does not mean that the citizens can do anything which may lead to communal disharmony. Nowadays, it is a trend to erect some stones or cross in public places and government land claiming religious importance to that place and thereafter to start worshipping these stones and cross with religious colour.
“Subsequently, this will lead to temporary constructions and ultimately permanent construction treating it as a religious place. If people start to construct illegal religious structures and buildings in public places and government land, it may create friction among the religions which will definitely lead to religious disharmony,” the court said.
Justice Kunhikrishnan highlighted the trend of erecting stones or crosses in public places and then treating them as religious sites, which eventually leads to permanent constructions. He warned that such practices could lead to communal friction and disrupt societal harmony.
The Corporation mentioned that its workers, who reside in company-provided housing known as ‘LAYAM’, predominantly follow Hinduism. Due to the lack of nearby worship facilities, these workers had constructed small buildings and installed deities within them.
The police reported to the court that while the Corporation initially did not object to the creation of these small temples for its employees’ use, over time, local residents started interfering with the temples’ operations and began constructing new buildings close to them.
This interference led to conflicts between the Corporation and the local community. The police also noted that although the temples built by the workers are quite old and could be easily dismantled, doing so could lead to law and order problems.
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The court emphasized that Kerala, known as “God’s Own Country,” already has numerous temples, churches, and mosques. Given the high population density and the government’s efforts to distribute land to the landless, the court asserted that Government land should not be used for religious purposes as it would lead to law and order problems.
“The utilization of such locations for religious activities is not permissible. It will inevitably foster religious discord within the state. Allowing one religion to erect its religious symbols on government land would likely prompt other religions to do the same, resulting in various issues, including law enforcement challenges, within the state,” stated the High court.
