The Madras High Court has directed Tamil Nadu authorities to remove encroachments, including St. Joseph’s Church, from government land classified as a road in Krishnagiri district, within 12 weeks after following the procedure prescribed under the relevant laws.

A division bench of Justice S.M. Subramaniam and Justice R. Rajesh Vivekananthan passed the order on October 14 while disposing of a writ petition filed by Santhakumar, joint secretary of the Vishwa Hindu Parishad’s Tamil Nadu unit.

The petitioner had approached the high court alleging that a church was being constructed illegally on government land in Survey No. 370/1 at Mookondapalli village in Hosur taluk, without obtaining the requisite statutory approvals or permissions.

He sought directions to the authorities to demolish the allegedly unauthorised church structure and remove encroachments from the land, which measures approximately 2.16 hectares and is classified in revenue records as “J.F. Road Pattai”.

Santhakumar contended that despite submitting representations to the authorities on April 9, April 16, June 7 and November 29, 2021, no effective action had been taken against the alleged encroachment.

Adhiruban, the pastor of St. Joseph’s Church, was subsequently impleaded as the 14th respondent in the proceedings by an order dated January 11, 2023.

During the proceedings, the revenue authorities submitted status reports detailing the structures occupying the government land. A survey conducted by the Taluk Deputy Surveyor on April 29, 2026, identified several religious structures, commercial establishments and temporary shops on the land.

The structures identified included Muthumariamman temple, Anjaneyar temple, Omsakthi temple, Vinayagar temple and St. Joseph’s Church, apart from commercial establishments and temporary shops.

In its June 2026 order, the high court had noted that the Tahsildar’s report substantially corroborated the allegations of encroachment. It also took note of the authorities’ apprehension that eviction could lead to law-and-order problems, as several of the structures involved religious establishments.

The bench had observed that encroachers could not be granted any concession at the cost of the public and had posted the matter after eight weeks.

When the matter came up on October 14, the government advocate informed the court that notices under Section 7 of the Tamil Nadu Land Encroachment Act had been issued to the encroachers, giving them an opportunity to explain their position. After considering their explanations, the authorities would issue final notices under Section 6 and proceed with enforcement, court was told.

Senior counsel Father Xavier Arul Raj, appearing for the pastor of St. Joseph’s Church, argued that the petitioner had singled out the church despite several other structures also occupying the government land.

The bench clarified that it was not expressing any opinion on encroachments beyond those identified in the Tahsildar’s report. It added that the pastor or any other person was at liberty to bring any additional encroachment to the notice of the competent authority.

Court thereafter directed the official respondents to proceed with enforcement under the relevant statutes and rules and remove the encroachments identified in the Tahsildar’s report, so that the government land could be utilised for public purposes.

It directed the authorities to complete the entire exercise within 12 weeks from the date of receipt of a copy of the order.

The writ petition was accordingly disposed of. Court also closed the connected miscellaneous petition and made no order as to costs.

Case Title: Santhakumar v. District Collector, Krishnagiri & Ors.

Order Date: October 14, 2026

Bench: Justice S.M. Subramaniam and Justice R. Rajesh Vivekananthan

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