The Supreme Court of India on June 20 stayed the demolition of a temple built by residents of Vistara Residency in Madurai, Tamil Nadu. The temple is located on land marked as Open Space Reservation (OSR), and is alleged to have been built without any legal permission.
The matter came up before a bench of Justices Ujjwal Bhuyan and Justices Manmohan, who passed an interim order issuing notice in response to a special leave petition filed by Vistara Welfare Association.
Read also: SC Quashes Madras HC Arrest Order Against Tamil Nadu ADGP; Probe Now Handed Over to CB-CID
“Learned counsel for the petitioner submitted that neither the petitioner nor respondents 1-8 in the writ petition were heard… in fact, they were not given any opportunity to file arguments,”- Supreme Court
Senior advocate Dama Seshadri Naidu, representing the petitioners, argued that the Madras High Court had ordered the demolition of the temple without giving the concerned parties an opportunity to put forth their arguments. Taking note of this, the Supreme Court directed that the demolition be stayed.
“Issue notice returnable in 8 weeks. In the meantime, demolition of the temple shall remain stayed,”- Supreme Court
Read also: UP Gangsters Act cannot be used as a tool of harassment: Supreme Court
The petition challenges a recent order passed by the Madras High Court which concluded that the apartment owners' association had failed to show any licence or permission for the construction of the temple. Based on this, the High Court had held the construction to be unauthorised.
In its judgment, the High Court had directed the Madurai Corporation to demolish the structure and ensure that the OSR land is maintained in compliance with the Tamil Nadu Town and Country Planning Act, 1971.
“The OSR land should be maintained in accordance with the provisions of the Tamil Nadu Town and Country Planning Act, 1971, within four weeks,” - Justice S.M. Subramanian, Madras High Court
Now with the Supreme Court’s stay order, the case is pending, and further proceedings will determine whether the temple can continue to exist or must be removed as per the planning rules.
Case Details: VISTHARA WELFARE ASSOCIATION VISWA Vs R. MAYILSAMY|SLP(C) No. 16898/2025
