Published: Dec 01, 2021
Coming down heavily on the district authorities of Kancheepuram for not submitting proper counter-affidavit pertaining to the encroachment of a burial ground in government land in Pennalur village, the Madras High Court on Tuesday directed the government to demolish the church that was built on the land within three weeks.
Madras High Court.
Justice SM Subramaniam issued the direction while hearing a plea by one M Murugesan, a resident of Pennalur village, Sriperumbudur Taluk, who submitted that pastor C Sathrack illegally constructed a building on an access road leading to a burial ground.
“As per government records, the land has been earmarked as ‘mayanam’ (burial ground). However, the respondent has constructed the church without getting any permission or plan approval from the competent authorities. This is a violation under the Tamil Nadu Village Panchayat Act and needs to be evicted,” the petitioner submitted through his counsel M Sneha.
Additional government pleader C Selvaraj submitted a counter-affidavit on behalf of the Tahsildar, Sriperumpudur Taluk, stating that the land with survey number 83 has not been utilised as a burial ground and added that there was no serious objection from the villagers.
Displeased by the submission, the judge held that the counter affidavit explicitly supported the encroachment. “If the government officials file counter in an inadequate manner without placing the correct facts, it is to be construed as that they are failing in their public duties and further, misleading the court in respect placing the correct facts, which can never be tolerated,” the judge noted.
The judge also directed the Collector to conduct an inquiry on the lapses in filing a proper counter before the court. As pastor Sathrack had claimed that a resolution was passed by the village panchayat in 2013 granting permission to allot the land for constructing the church, the court directed the Collector to take action for passing an illegal resolution granting permission to encroach government land by religious institutions.
Link: https://www.dtnext.in/News/City/2021/12/01062447/1331559/Officials-told-to-raze-church-encroaching-upon-govt-.vpf
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