Holding that it is completely unacceptable that a responsible government would cite local resistance upon its failure to demolish an encroachment on government land, the first bench comprising Chief Justice Sanjib Banerjee and Justice Senthilkumar Ramamoorthy, said: “There is no doubt that political and extraneous considerations played a part and the explanation by the State is rejected.”

“The arch should be demolished and the matter reported to Court when it appears next on April 30. The State is reminded of the machinery at its disposal that is more than enough to bring down a small arch. No excuses will be accepted,” the Chief Justice stressed.

Also, holding that no application for permission for the construction of the said temple’s compound wall purportedly from the local authorities should not be granted until the encroachment in the form of the arch by the panchayat is removed, the bench directed the Special Government Pleader to forward a copy of the order to the Secretary, Home Department, for appropriate measures to bring down the arch constructed on government land and without permission.

The court had directed the Tharamangalam Town Panchayat to take immediate steps to remove the illegal construction that had been commenced and restore the land to its original shape and form. Such exercise should be completed within a fortnight and the matter reported to the Court on March 26, 2021, the court had held.