T SEKAR Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) The writ petitioners represent the three major religions namely, Hinduism, Islam and Christianity. They have come together to make a common prayer. They want this Court to restrain the authorities from taking any action against the religious structures that have been put up in violation of the law of the land. The petitioners' counsel would plead that this Court must adopt a pragmatic approach. A new master plan had come into force and therefore the issue ought not to be approached in the light of the position that earlier prevailed.

(2.) We are conscious that after a gap of almost twenty six years, a new master plan has been notified for Kodaikanal. It is true that in the cases of buildings that have violated the zoning regulations, we permitted the applicants to submit a fresh application so that the same can be considered by the authorities in the light of the new master plan. That does not mean we have given our seal of approval to the new master plan. Though more than three months have been elapsed after the new master plan was notified, there was no formal challenge to it at the instance of any environmentally conscious citizen. But, we cannot apply the same yardstick in the case of religious structures that have been illegally put up. This is because there is a specific prohibition against the use of any site for construction of a building intended for public worship or religious purposes without the prior approval of the District Collector.

(3.) Rule 6(4) of the Tamil Nadu District Municipalities Building Rules, 1972 reads as under :