CHENNAI: The Madras High Court, while dismissing a plea with costs of Rs 1 lakh, held that a 50-year-old temple cannot be termed an encroachment and refused to order its removal.
The petitioner, Jesudass Cornelius from Tiruverkadu, Chennai, submitted that the layout of the land was approved by the Director of Town Planning on April 20, 1960 and specific areas were earmarked as park and playground, and that the authorities were not maintaining it.
He argued that the Hindu temple was situated in the area earmarked for a park and a playground and sought action to remove it. Authorities submitted that it would consider the request if proper documents were produced. They also stated that the temple had existed for more than 50 years in 3,000 sq ft out of 9,000 sq ft, and the playground could be maintained in the remaining 6,000 sq ft.
Justice Krishnan Ramasamy held that the temple had existed for more than 50 years and could not be called as an encroachment. “While parks are essential for enjoyment, recreation and relaxation, a temple promotes mental well-being, and thus, could be treated as part of the park,” he stated. “The belief and faith of the general public cannot be disturbed merely on the grounds of alleged encroachment.”
Noting that the temple was constructed with the wishes of majority of residents and worshipped for decades, the court said it would be treated as part and parcel of the park.
Finding that the petition was filed with a malafide intention to cause a communal riot, the court dismissed it with costs and directed the petitioner to pay Rs 1 lakh to the TN Legal Services Authority within 4 weeks.