Supreme Court stays Madras HC order to demolish Madurai temple built on reserved land. Petitioners claim they weren’t given a chance to respond before the order.
New Delhi: Today, on June 20, the Supreme Court of India has temporarily stopped the demolition of a temple located within the Visthara Residency apartment complex in Madurai, Tamil Nadu.
The temple is said to have been constructed without proper approval on land earmarked as an Open Space Reservation (OSR) under planning rules.
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A bench of the Supreme Court, led by Justice Ujjal Bhuyan and Justice Manmohan, passed an interim order staying the demolition.
This decision came while the court was hearing a petition filed by the Visthara Welfare Association, which had challenged the recent demolition order issued by the Madras High Court.
Senior Advocate Dama Seshadri Naidu, who appeared on behalf of the Visthara Welfare Association, argued that the High Court had issued the order for demolition without allowing the concerned parties to present their side or even file any replies.
He informed the court that neither the residents’ association nor the other respondents had been given a chance to participate in the proceedings or submit their responses.
Taking serious note of this grievance, the Supreme Court said in its order:
“The counsel for the petitioner submits that neither the petitioner nor the respondents in the writ petition were heard. In fact, they were given no opportunity to file pleadings. The High Court has directed the demolition of the temple.”
Considering the argument made by the petitioners, the Supreme Court issued notices to the respondents and gave them eight weeks to submit their replies.
Meanwhile, the court put a temporary hold on the demolition activity and made it clear that the temple cannot be pulled down until the court has considered the responses.
The bench directed:
“In the meanwhile, the demolition of the temple shall remain stayed.”
The petitioners in the case have argued that the Madras High Court had based its ruling mainly on the ground that the Apartment Owners’ Association could not show any official permission or licence for building the temple on the OSR land.
Earlier, Justice S.M. Subramaniam of the Madras High Court had passed an order directing the Madurai Corporation to demolish the temple structure within four weeks.
He had also asked the civic authorities to ensure that the land is preserved according to the norms laid down under the Tamil Nadu Town and Country Planning Act, 1971.
Also Read: Supreme Court Slams Uttar Pradesh Government Over “High-Handed” Demolitions in Prayagraj
This case highlights the ongoing tension between urban development, religious sentiments, and the legal duty to protect public and reserved spaces.
The Supreme Court’s stay provides temporary relief to the residents and devotees while offering them a fair chance to present their case
CASE TITLE:
VISTHARA WELFARE ASSOCIATION VISWA vs R. MAYILSAMY SLP(C) No. 16898/2025
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