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Temple Stands Firm: Madras HC Declares 50-Year-Old Shrine Part of the Park, Slaps Rs 1 Lakh Cost on 'Motivated' Petitioner
In a ruling blending urban planning with cultural reverence, the on , dismissed a demanding the removal of a decades-old Hindu temple from land earmarked as a park and playground. Justice Krishnan Ramasamy not only upheld the temple's presence but deemed it an essential component of the public space, imposing a hefty Rs 1 lakh cost on petitioner Jesudass Cornelius for what the court called a " " move aimed at sparking communal riots.
The emphasized that disrupting the temple—standing for over five decades—would harm the "belief and faith" of local residents, turning a spot of worship into a symbol of community well-being.
Roots in a Layout: The Park That Became a Prayer Ground
The dispute traces back to , when the approved layout No. L.P.G.T.S.D.T.P. 78/60 on Survey Nos. 75/2 to 5 in Veeraragavapuram, Veeraraghavan Village, Thiruverkadu, Tiruvallur district. This approval explicitly earmarked portions of the 9,000 sq ft land as a "park" and "playground" for residents' benefit.
Fast-forward to : Jesudass Cornelius filed WP No. 1200 under , urging the and to maintain the area strictly as open recreational space. His grievance? A Hindu temple, allegedly encroaching on the designated park, despite not being marked in the original layout. Respondents, including private parties like Raghu @ Ramachandran and S. Senthilkumar, countered that the temple had existed peacefully for over 50 years, occupying just 2,260 sq ft—leaving ample 6,740 sq ft for park use.
News reports echoed this timeline, noting the temple's longstanding role without obstructing public access, as it wasn't built over water bodies or pathways.
Petitioner's Push vs. Residents' Faith: Clash in Court
Cornelius, represented by , argued that authorities had failed their duty to preserve the approved open spaces. He highlighted the temple's absence from the plan as clear encroachment, demanding enforcement of the layout to ensure parks for exercise, gatherings, and biodiversity.
Respondents, backed by government pleaders, painted a different picture. The temple, they said, predated recent objections by decades and aligned with majority residents' wishes. Counsel stressed its modest footprint:
"out of the total area of 9000 sq.ft, the Temple is situated within an extent of 3000 sq.ft. Thus, the park and playground can be very well maintained at remaining 6000 sq.ft."
They urged the court to prioritize communal harmony over belated claims.
Faith as Public Good: Court's Balancing Act on Recreation and Religion
Justice Ramasamy delved into the dual role of parks—not just for physical play but mental respite—equating temple worship as a parallel benefit. No precedents were cited, but the ruling drew on broader principles of public duty and equity. The judge rejected removal, noting the petitioner's " " in objecting and the risk to "larger number of people" who rely on the site spiritually.
Crucially, the court clarified: the temple wasn't in protected zones like lakes, ensuring no public obstruction. Media coverage reinforced this, quoting authorities on the remaining land's sufficiency for playgrounds.
Key Observations from the Bench
"Parks are essential public places designed for enjoyment, recreation and relaxation... On the other hand, the construction of Temple and worshipping of Deity is also a way for relaxation, which promotes the mental well-being of majority of residents."
"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."
"As the Temple is situated only to the extent of 2260 sq.ft., out of the total vacant area of 9000 sq.ft., it will no way affect the movement of public in the said park... The said Temple is nothing but part and parcel of the park."
"This petition, which has been filed withintention to create communal riots, appears to be motivated one."
Final Verdict: Costs and a Clear Mandate
The stood dismissed, with Cornelius ordered to pay Rs 1,00,000 to the within four weeks—or face revenue recovery by the . Connected miscellaneous petitions were closed.
This decision sets a precedent for longstanding religious structures on public lands: long existence plus community benefit can override strict layout enforcement, provided no core public functions are impaired. It signals courts' wariness of PILs tinged with ulterior motives, potentially deterring frivolous communal claims while safeguarding urban green spaces with cultural layers.
