While dealing with allegations that certain encroachers began with the installation of idols of God in public places, roads and thereafter, they slowly started constructing buildings, the Madras High Court has asked the Commissioner as well as the Assistant Commissioner to conduct a field inspection and survey such encroachments, including idols found under a tree.

The Writ Petition before the High Court was filed seeking a direction to the respondent authorities to remove the encroachment put forth by one B.Jothi (fifth respondent) on the public road and tree belonging to the Erode City Municipal Corporation based on the petitioner’s representation.

The Division Bench of Justice S. M. Subramaniam and Justice K. Surender stated, “Since the photographs filed by the petitioner would show that some religious idols have been installed beneath a tree, the respondents 2 and 3 are directed to conduct a field inspection and survey to identify encroachments. If any encroachments are found, the respondents 2 and 3 shall issue notice by following the procedures as contemplated under relevant Statutes and Rules in force. It is needless to state that opportunity shall be provided to the fifth respondent or to any other encroachers, as the case may be.”

Advocate A.Suresh Sakthi Murugan represented the Petitioner while Additional Government Pleader T.Arun Kumar represented the Respondent.

Arguments

It was the case of the petitioner that the road portion was encroached upon by the fifth respondent by installing a religious statue. The modus operandi of such encroachers normally began with the installation of idols of God in public places, roads and thereafter, they slowly started constructing buildings. It was further submitted that such encroachments must be removed at the initial stage and no person should be permitted to install religious statues or idols on public roads so as to ensure the free flow of traffic and for the benefit of road users.

Reasoning

The Bench took note of the photographs filed by the petitioner, which showed that some religious idols had been installed beneath a tree.

The Bench thus directed the Commissioner as well as the Assistant Commissioner to conduct a field inspection and survey to identify encroachments. The Bench also ordered that if any encroachments are found, the respondents should issue notice by following the necessary procedures.

The Bench disposed of the petition by directing the said exercise to be completed within twelve weeks.

Cause Title: A.Palanisamy v. The District Collector (Neutral Citation: 2026:MHC:1184)

Appearance

Petitioner: Advocate A.Suresh Sakthi Murugan

Respondent: Additional Government Pleader T.Arun Kumar, Standing Counsel M.Raja Mathivanan

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Madras High CourtJustice S.M.SubramaniamJustice K. Surender

Tulip Kanth

Assistant Editor

Tulip Kanth is an Assistant Editor at Verdictum having over 5 years of experience in the field of legal journalism and editing. She extensively covers judgments of the Supreme Court, High Courts as well as Tribunals. She has previously worked with a legal publishing website where she oversaw the work of other editors and has also created updates on notifications of different Government Ministries. She holds an English Honours Degree from SGTB Khalsa College, Delhi University and has completed her LLB course with specialisation in Corporate Law from Amity University.