MADURAI
The Madurai Bench of the Madras High Court has allowed the construction of a new Siva Sudalai Madasamy Temple in Nagercoil, dismissing a petition that challenged the permission granted for construction of a new temple in close proximity to an already existingtemple.
A Division Bench of Justices K. Kalyanasundaram and R. Tharani observed that Article 25 of the Constitution guaranteed freedom of conscience and free profession, practice and propagation of religion and Article 26 guaranteed every religious denomination and any section thereof to establish and maintain institution for religious and charitable purpose and to manage its own affairs in the matters of religion, subject to public order, morality and health.
Unless any statute expressly prohibited the establishment of a new temple, the authorities were entitled to grant permission. In the case on hand, no materials had been produced to show that there was any bar for establishment of a new temple. There was no violation or illegality of the order passed by the Collector of Kanniyakumari for construction of the temple, the court said.
The Siva Sudalai Madasamy Temple was built in 1966. However, following a rift between two groups, permission for a new temple was sought. Considering the situation, the Collector of Kanniyakumari had granted permission for construction of a new temple.