God will be happier if land goes to needy: Kerala High Court orders removal of illegal religious structures on State land

The Kerala High Court recently ordered the removal of illegal religious structures from government land across the State, observing that such unauthorised constructions may create friction among different religious communities [The Plantation Corporation of Kerala Limited v State of Kerala & Ors]..Justice PV Kunhikrishnan directed the State Chief Secretary to instruct the District Collectors to find out if any illegal, unauthorized stones, crosses or other structures have been erected on any government land by any religious group. "If any illegal religious structures are there on the Government land, the public is also free to bring the same to the notice of the District Collector. The District Collector shall conduct such an enquiry within a period of six months from the date on which the orders are received from the Chief Secretary of the State," the Court ordered in its May 27 judgment..The Court further said that once any illegal religious structures are found in the government land, the District Collectors with the aid of the Police shall remove them within six months after an enquiry is conducted and the affected parties are heard."Based on the report of the Village Officers and Tahsildars concerned, the District Collectors of the State should take necessary actions within a time schedule to evict all illegal religious structures so that we can live with communal harmony to strengthen the country as a ‘SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC’ as enshrined in the preamble of our Constitution of India," the Court said..The judgment was delivered on a petition moved by the Plantation Corporation of Kerala, which alleged that there had been a conscious attempt by certain political groups to trespass on its properties.However, the police said that the plantation workers, mostly from the Hindu community, had built small structures for worship since there was no other place nearby for them to conduct religious worship.It was also submitted that though the Police had warned locals against entering the property. However, removing old idols that have been worshipped for a long time may create law and order issues, the Court was told..Justice Kunhikrishnan acknowledged that the Constitution of India gives religious freedom to all citizens.Subject to public order, morality and health, every religious denomination or any section has the right to establish and maintain institutions for religious and charitable purposes, the Court said.However, the Court added that this does not mean that people can do anything that may lead to communal disharmony. It also highlighted how temporary religious structures on government land may lead to large-scale encroachment."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 explained. .In the present case, the Court said it was admitted fact that that there were illegal structures on government land, which had been given to the Plantation Corporation on lease. It rejected the State's argument that the removal of these small temples would create law and order issues."This is how illegal structures are emerging in the State under the guise of religious worship. Kerala is a small State in which there are hundreds of temples, churches and mosques. Kerala is known as 'God's Own Country'. Kerala is a state where the population is high. The Government is taking steps to distribute the Government land to hundreds of landless people. Some of the land is given for plantation on lease. Such places cannot be utilised for religious purposes. It will only create religious disharmony in the State," it said..It further opined that allowing one religion to erect structures on government land would prompt others to follow, potentially causing law and order issues and religious disharmony. "Therefore, I am of the considered opinion that no illegal religious places should be allowed on Government land, whether the same is that of Hindu, Christian, Muslims or any other religion."Taking note of the fact that in the present case, the workers from the Hindu community have erected small buildings and placed deities in them for worship, the Court added:"As per Hindu mythology, the “Narasimhavatharam” of Mahavishnu came out from a pillar. As far as believers are concerned, irrespective of their religion, God is everywhere, including in their bodies, their homes and wherever they go. Therefore the believers need not encroach government land to construct religious structures. Let it be distributed to landless people and used for mankind. God will be more happy in such a situation and will shower blessings to all believers.".The Court thus directed the eviction of all encroachers on government land, including the religious structures on the properties of the Plantation Corporation. The Court added that a report should be submitted in a year's time on the action taken to remove illegal religious structures on government land across Kerala. .The petitioners were represented by advocate Rajesh N.Government Pleader Riyal Devassy appeared for the State.Advocate K K Sethukumar appeared for the private individuals marked as respondents 8 to 13..[Read Judgment]