CHENNAI: A temple existing on a parcel of land earmarked as a park in an approved layout for over five decades cannot be characterised as an encroachment, Madras high court has held.“The construction of a temple and worshipping deity are 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 a part and parcel of the park,” Justice Krishnan Ramasamy said.The court then imposed Rs 1 lakh cost on a petitioner, Jesudass Cornelius, who wanted a direction to the Tiruvallur district collector to maintain the land earmarked for public purposes in Veeraraghavan village, Thiruverkadu, as a park and playground. The judge 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 was standing on the subject land for well over five decades and that it occupied only 2,260 sq ft of the total 9,000 sq ft area. It was submitted that the remaining 6,740 sq ft 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 serve 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.
