50-year-old temple part of park, not encroachment, says Madras high court; imposes Rs 1 lakh cost on petitioner

CHENNAI: Madras high court has held that a temple that has been in existence for over five decades on land earmarked as a park in an approved layout cannot be characterised as an encroachment. It must instead be considered an integral part of the park itself, the court has said.

"The construction of a temple and worshipping deity is also a way for relaxation, which promotes the mental well-being of the majority of residents of the subject layout. Therefore, at any cost, the temple must be considered as a part and parcel of the park," Justice Krishnan Ramasamy said.

The court further imposed Rs 1 lakh cost on the petitioner Jesudass Cornelius, who wanted a direction to the Thiruvallur district collector to maintain the land earmarked for public purposes in Veeraraghavan Village, Thiruverkadu, as a park and playground. The imposed the cost terming the petition as one filed with mala fide intent to trigger communal tension.

Responding to the plea, the authorities submitted that the Hindu temple had been standing on the subject land for well over five decades, and that it occupied only 2,260sqft of the total 9,000 sqft area. It was submitted that the remaining 6,740sqft was more than sufficient to maintain the park and playground for the benefit of the public.

Recording the submissions, the court observed that parks serve as essential public spaces designed for recreation, exercise, social gatherings, and the promotion of physical and mental well-being.

“Religious worship and the maintenance of a temple serves an equally valid community purpose, acting as a source of mental well-being for the majority of residents in the locality,” the court said.

The court added that the belief and faith of majority people in and around the subject layout in worshipping the deity therein, could not be disturbed merely on account of a belated allegation of encroachment. The judge further clarified that the temple is not constructed in any area earmarked for lake or river so as to obstruct the public means.