'Religious Sentiment Can’t Protect Encroachment': Madras HC Orders Removal of Roadside Christian Shrine

The Madras High Court has directed the Greater Chennai Corporation to proceed with the removal of a roadside shrine dedicated to Mother Velankanni after holding that the structure amounted to an encroachment on a public road and could not be protected on the ground of religious sentiments.

Justice V. Lakshminarayanan ordered the civic authorities to carry forward proceedings initiated under Section 128 of the Tamil Nadu Urban Local Bodies Act and ensure removal of the unauthorised superstructure on or before February 10, 2026. Court clarified that the notice period issued to the individual maintaining the shrine would expire on January 27, 2026, following which the authorities were bound to act in accordance with law.

The case arose from a writ petition filed by A. Sarath, who purchased a residential property in Thiru.Vi.Ka.Nagar, Chennai, in November 2024. Sarath alleged that a structure erected adjacent to the entrance of his house obstructed access and encroached upon a public pavement. He claimed that he was initially informed the structure was temporary but later discovered that a statue of Mother Mary had been installed there, along with an amplifier and lighting system powered through an allegedly illegal electricity connection.

After his complaint to the Greater Chennai Corporation in September 2025 failed to yield any action, Sarath approached the high court seeking a mandamus directing the authorities to remove the encroachment.

During the hearing, R. Daniel, a resident of the locality, was impleaded as a party after claiming responsibility for establishing the shrine. Daniel told the court that the shrine had been set up in 1995 and had existed for nearly 30 years, serving as a place of faith for local residents. He argued that the petitioner was aware of the shrine’s presence at the time of purchase and was estopped from questioning it later. He further contended that removal of the shrine would hurt religious sentiments and disturb communal harmony in the area.

The Greater Chennai Corporation, however, informed the court that an inspection conducted on January 8, 2026, revealed that the shrine stood on land classified as Sarkar Poramboke, earmarked as a public road. Based on town survey land records, officials found that the shrine occupied about eight square metres of the road. A notice was subsequently issued by the Regional Deputy Commissioner calling upon Daniel to remove the structure within seven days.

Rejecting the plea that long-standing religious use could legitimise the structure, court held that no person has a right to erect or retain a religious structure on a public road. Relying on Supreme Court and high court precedents, the judge observed that Article 25 of the Constitution does not protect illegal religious structures raised on public thoroughfares.

Court also dismissed the argument that the idol, being a juristic entity, required separate notice. It noted that Daniel himself had admitted to installing and maintaining the shrine and could not now claim inability to remove it. Court further held that the passage of time did not cure the illegality, stating that every moment an encroachment remained on a public road gave rise to a fresh cause of action for removal.

While Daniel filed an affidavit undertaking to remove the structure within three weeks, he also levelled allegations against the petitioner regarding illegal activities at his premises. Court declined to examine those claims in the writ proceedings, leaving Daniel free to pursue separate remedies if he so wished.

Calling for compliance on February 11, 2026, court directed the civic authorities to act on the web copy of the order without waiting for a certified copy, underscoring the statutory duty to keep public roads and streets free from encroachments.

Case Title: A.Sarath vs. The Commissioner, Corporation Of Greater Chennai and Others

Order Date: January 22, 2026

Bench: Justice V. Lakshminarayanan