The Madras High Court has granted interim relief in a dispute over a proposed church construction at Kalapatti in Coimbatore district, observing that the existing position at the site must be maintained until a long-pending civil suit concerning the land is finally decided.
A Division Bench comprising Justice G.R. Swaminathan and Justice V. Lakshminarayanan passed the order while hearing a writ petition filed by a local resident challenging administrative communications that had provided police protection for construction activities at the site.
Background of the Case
The petitioner, a resident of Kalapatti, questioned orders issued by district authorities that facilitated construction by a church institution on land located in Survey No. 155/2 (new Survey No. 1276/3). According to the petition, the land is a public road and government property, and therefore unsuitable for any religious structure.
The dispute has a long history. A permission granted by the District Collector in 2010 for construction at the site was challenged by worshippers of a nearby Mariyamman Temple through a civil suit filed in 2011. The suit remains pending before the District Munsif Court, Coimbatore.
The petitioner argued that despite the pendency of the civil proceedings, efforts were recently made to revive the construction project, leading to fresh objections from local residents.
The Bench noted that an earlier order passed by the High Court in April 2026 had already stated that any fresh application for construction could be made only after disposal of the pending civil suit.
Referring to revenue records placed before it, the Court observed that the disputed survey number was recorded as a tar road. The judges also pointed out that the Supreme Court has repeatedly held that religious structures should not be permitted on public roads or road margins.
The Bench further remarked that title over the property had not been conclusively established in favour of the church and that the available materials were insufficient to show that the land was private property.
“The revenue record indicates that Survey No.155/2 is a road,” the Court observed while discussing the nature of the land.
The judges also reiterated that the constitutional right to profess and practice religion is subject to considerations of public order and that authorities must carefully evaluate objections while processing requests relating to religious structures.
After examining the records, the Court concluded that a prima facie case had been made out for interim protection.
The Bench observed that a previous High Court order had effectively required maintenance of the existing situation until the civil suit was decided. It stated,
“Till the suit is disposed of, the status quo must be maintained.”
Holding that the balance of convenience favoured preservation of the present position, the Court passed an interim injunction restraining further action based on the impugned communications.
Accordingly, the Madras High Court ordered that the status quo at the disputed site be maintained pending disposal of the civil suit and granted interim injunctive relief in favour of the petitioner.
Case Details:
Case Title: Balasubramaniyam N. v. The Collector, Coimbatore District & Others
Case Number: W.P. No. 20267 of 2026
Judges: Justice G.R. Swaminathan and Justice V. Lakshminarayanan
Decision Date: 29 May 2026
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