Kochi: In a major ruling, the Madras High Court has dismissed a plea seeking removal of a temple inside a park in Thiruvallur in Tamil Nadu.
Passing the verdict, the single bench observed that the temple was a place for the mental well-being of the people and could be treated as a part of the park, Livelaw reported.
The court observed that if the temple has been in existence for more than five decades, the petitioner should have made objections at an earlier stage.
The court observed that the belief and faith of the general public cannot be disturbed on mere allegations of encroachment.
The court also agreed with the respondent that the temple is situated only in an area of 2260 sq ft and will not affect the movement of the public in the park
Noting that the petition was filed by
Jesudas Cornelius with a malafide intention to cause a communal tension, the court directed the petitioner to pay Rs 1 Lakh to the Tamil Nadu Legal Services Authority within a period of 4 weeks.
The court directed the Thiruvallur District Collector and the Commissioner of Thiruverkadu Municipality to remove other encroachments.
The petitioner submitted that the park layout approved by the Director of Town Planning on April 20, 1960, has not allocated area for the temple.
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