The Madras High Court recently held that a long-standing temple situated within land earmarked as a public park cannot be treated as an encroachment [Jesudass Cornelius vs. State]..Justice Krishnan Ramasamy ruled that such a temple forms part of the public space and reflected the faith of residents and the same cannot be disturbed on the ground of alleged encroachment.“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,” the Court said.In an order dated March 4, the Court noted that the temple had existed for over five decades and that disturbing it at this stage would affect the “belief and faith of a larger number of people.” Hence, it dismissed the petition which claimed that the temple was built after encroaching public land. The Court also questioned the intention of the petitioner, one Jesudass Cornelius, in filing the petition.The judge described the petition as "motivated" and filed with the intent to create "communal riots".Hence, it imposed costs of ₹1 lakh on him which has to be paid to the Tamil Nadu Legal Services Authority within four weeks..The petitioner moved the Court seeking a direction to authorities to maintain land strictly as a park and playground in accordance with an approved layout of 1960. He alleged that the temple had been constructed on land earmarked for public use.Opposing the plea, the respondents submitted that the temple had existed for more than five decades and occupied only a limited portion of the total area, leaving substantial space available for park use..The Court accepted this argument. It underscored the importance of parks as spaces for recreation and community interaction, while also recognising the role of places of worship in promoting mental well-being.The Court noted that the temple occupied only a small portion of the total extent and did not impede public use of the remaining land. It held that the structure reflected the wishes of the majority of residents and served a public purpose..“There is no doubt that the said Hindu temple is constructed in the park for the public purpose. It is not an encroachment,” the judge ruled.The Court also flagged the delay in raising the challenge, noting that the temple had been in existence for over five decades and had been continuously used by residents.Hence, it termed the petition as motivated and made strong observations against the petitioner.."As stated above, this petition, which has been filed with malafide intention to create communal riots, appears to be motivated one. Therefore, considering the said aspect, this Court is inclined to dismiss the present petition with huge cost," the Court ordered..The Court reiterated that authorities remain duty-bound to maintain the remaining land as a park for public use..The petitioner was represented by advocate M Sneha..Government authorities were represented by Assistant Government Pleader TK Saravanan..The Thiruverkadu Municipality was represented by advocate P Srinivas. The Hindu Religious and Charitable Endowments Department was represented by Government Advocate K Karthikeyan.Private respondents in the matter were represented by advocate B Manoharan and Siva Shanmugam..[Read Judgment]
