The Madras High Court has held that a temple that has existed for more than 50 years on land earmarked for a park and playground cannot be automatically classified as an encroachment. The court imposed costs of Rs 1 lakh on the petitioner who filed the case.
The petition was filed by a local resident, Jesusdas Cornelius, seeking directions to the Tiruvallur district collector to properly maintain a portion of an approved layout in Veeraraghavan village, Thiruverkadu, which was reserved for public use as a park and sports ground. The petitioner also pointed to the presence of a temple on the site.
During the hearing before Justice Krishnan Ramasamy, the government submitted that the temple has been in place for over five decades. It said that out of the total 9,000 sq ft area, the temple occupies only about 2,260 sq ft.
In its order, the court observed that religious worship and the upkeep of a temple serve a social purpose and can be a source of mental well-being for the majority of residents in the area. It said the faith and devotion of local people cannot be disturbed solely by branding the structure as an encroachment.
The judge noted that the temple was not built on land reserved for a lake or river and concluded it was not an encroachment. Stating that the petition was filed with an intent to disturb religious harmony, the court imposed a Rs 1 lakh penalty on the petitioner.
