Supreme Court Stays Demolition Of Temple Built By Madurai Residents Welfare Association

The Supreme Court today(June 20) stayed the demolition of a temple constructed by some of the apartment residents of Visthara Residency, Madurai, Tamil Nadu.

The temple was alleged to have been illegally built without permission on the plot earmarked as Open Space Reservation (OSR) land of the apartment complex.  

A bench comprising Justice Ujjal Bhuyan and Justice Manmohan passed the interim order while issuing notice in a petition filed by Visthara Welfre Association. Senior Advocate Dama Seshadri Naidu, appearing for the petitioner, submitted that the High Court passed the order without hearing the parties. 

"Learned counsel for the petitioner submits that neither the petitioner nor the respondents 1-8 in the writ petition were heard...In fact, they were given no opportunity to file pleadings. The High Court has directed the demolition of the temple. Issue notice, returnable 8 weeks. In the meanwhile, the demolition of the temple shall remain stayed," the Court ordered.

The special leave petition has been filed challenging the recent Madras High Court's order whereby it held that the Apartment Owners Association could not produce any license or permission for the construction of the temple in the OSR Land. Therefore, it could be construed that the temple was constructed without permission and was unauthorised.

Justice S.M. Subramanimum ordered demolition of the temple by the Madurai Corporation Authorities, and stated that the OSR land should be maintained as per the provisions of the Tamil Nadu Town and Country Planning Act, 1971, within four weeks.

Case Details: VISTHARA WELFARE ASSOCIATION VISWA Vs R. MAYILSAMY|SLP(C) No. 16898/2025