Madras High Court Halts Controversial GO on Religious Building Conversions in Tamil Nadu
In a significant legal development, the Madras High Court has granted an interim stay on the operation of a Government Order (GO) that permitted the conversion of non-religious buildings into religious structures without obtaining a No Objection Certificate (NOC). This order was issued by the housing and urban development department of Tamil Nadu and covered the period from February 2019 to March 2024.
Court's Decision and Bench Details
A division bench comprising Justice G Jayachandran and Justice N Senthilkumar passed this interim order while hearing a public interest litigation (PIL) filed by S Kalanithi. The bench's decision came on Friday, effectively putting a temporary halt to the implementation of the controversial GO until further judicial review.
Petitioner's Arguments Against the GO
The petitioner, S Kalanithi, argued that the construction or conversion of any building into a religious institution has never been an unfettered right in Tamil Nadu. He highlighted that the GO, dated January 8, 2026, formulated certain conditions that he deemed unconstitutional. Specifically, the GO retrospectively validated buildings functioning as religious institutions between February 4, 2019, and March 6, 2024, even if they were originally permitted for non-religious purposes.
Kalanithi further stated that applications for such conversions, which were previously kept pending due to the lack of a collector's NOC, were directed to be approved without insisting on this requirement. The statutory NOC requirement was made applicable only prospectively from March 7, 2024, according to the petitioner's submission.
Concerns Over Public Order and Statutory Provisions
In his plea, Kalanithi expressed serious concerns that public order, morality, and public peace would be adversely affected by the GO. He contended that the government order was issued without proper consideration or analysis of the statutory provisions and regulatory measures necessary to maintain public order. This oversight, he argued, could lead to potential conflicts and disruptions in communities across Tamil Nadu.
The petitioner moved the court seeking to quash the GO entirely, citing these constitutional and public safety issues. The interim stay granted by the Madras High Court is seen as a preliminary step in addressing these grievances, pending a full hearing on the matter.
Implications of the Interim Stay
The interim stay means that, for now, the GO cannot be implemented, and any conversions of non-religious buildings into religious institutions during the specified period must adhere to the original NOC requirements. This decision underscores the judiciary's role in checking executive actions that may overstep legal boundaries or compromise public welfare.
Legal experts suggest that this case could set a precedent for how similar issues are handled in the future, emphasizing the importance of due process and adherence to statutory regulations in matters involving religious and public spaces.
