CHENNAI: The Madras High Court has refused to order demolition of a 50-year-old temple constructed on a land earmarked for park, stating that it is not an encroachment but a collective wish of the majority of the local residents.
The court also imposed costs of Rs 1 lakh on the petitioner, Jesudass Cornelius of Veeraragavapuram in Tiruvallur district, for filing the petition with “malafide intention” after such a long delay.
“As the temple is situated only to the extent of 2,260 sq.ft., out of the total vacant area of 9,000 sq.ft., it will in no way affect the movement of public in the said park. That apart, as stated above, at any cost, the belief and faith of the general public, those who worship the deity, cannot be disturbed merely on the ground of alleged encroachment,” Justice Krishnan Ramasamy said in the recent order.
Pointing out that the temple has been existing for more than 50 years and the local residents have been offering worship, he said, it would thus be considered as a place for mental well-being of the majority of people living therein and the same shall be treated as part and parcel of the park.
“It is not an encroachment, but it is the wish of majority residents of the subject layout. Further, the said temple is not constructed in any area earmarked for lake, river, etc., so as to obstruct the public means,” the judge said in the order.
As the temple is in existence for more than five decades, it will not be an impediment for maintaining the park in the subject land.
“As stated above, this petition, which has been filed with malafide intention to create communal riots, appears to be a motivated one. Therefore, considering the said aspect, this court is inclined to dismiss the present petition with huge cost,” he said.