Madras High Court Stops Church Construction on Disputed Land Near Temple Until Ownership Dispute Is Decided

The Madras High Court has temporarily halted the construction of a proposed church near a century-old Mariyamman Temple in Coimbatore, holding that construction cannot proceed while a civil dispute over the land remains unresolved and serious objections regarding the site's status continue to exist.

A Division Bench of Justice G.R. Swaminathan and Justice V. Lakshminarayanan granted an interim injunction after examining a petition challenging government orders that provided police protection for the proposed construction.

The dispute relates to land in Kalapatti, Coimbatore, where the church was proposed to be built close to an existing Mariyamman Temple. The petitioner argued that the land is recorded in revenue records as a public road (government poramboke land) and that construction of a religious structure on such land would be impermissible.

The petitioner also pointed out that a civil suit challenging the earlier permission granted for the church's construction has been pending since 2011. The Court noted that revenue records currently describe the survey land as a road. It observed that if the property is indeed a public road, ownership cannot automatically vest in a private religious body merely because permission had once been granted. The Bench held that title over the land must first be established through proper legal proceedings.

Importantly, the Court referred to an earlier High Court order passed in April 2026, which had stated that the church authorities could seek fresh permission for construction only after the pending civil suit is decided. According to the Bench, this effectively meant that the status quo should continue until the litigation is concluded.

The Court also reiterated that while Article 25 of the Constitution guarantees the freedom to profess, practice and propagate religion, that right remains subject to considerations of public order, morality and health. It observed that permissions for religious structures cannot be granted mechanically, especially where there are significant disputes regarding land ownership, objections from local residents, and concerns relating to public order.

Since the land's legal status remains disputed, the civil suit is still pending, and an earlier judicial order had already deferred any fresh construction decision until the suit's disposal, the Court concluded that an interim injunction was necessary.

Accordingly, the Madras High Court restrained further construction activity at the site until further orders and directed that the existing position be maintained until the ownership dispute is resolved.

Case: Balasubramaniyam N v. The Collector & OthersCourt: Madras High Court