Encroachment on public land has to be removed, even if it is a temple: HC

CHENNAI: Censuring the State for failing to provide a proper explanation over the encroachment of a public road by a temple near Ramapuram, the Madras High Court on Thursday directed the Chennai Corporation Commissioner to appoint a person and the petitioner to jointly carry out an inspection and file a report in 14 days.

The issue pertains to Ramapuram Kalasathamman Koil temple authorities encroaching the public road by building an extra mandapam and putting up barricades to restrict the road to only two-wheelers, which was hindering the pathway. According to the petitioner, A Nakeeran, the Tahsildar rejected his plea stating there would be a law and order issue and cannot act on it, despite admitting that the temple had encroached the public land and obstructed the pathway.

The counsel for the petitioner, RS Akila, said that due to the road blockage, the residents were forced to travel an additional two km. The worst part is that it also blocks access to a minibus, an ambulance and a fire service in case of an emergency.

Recording the submissions, the first bench comprising Chief Justice Sanjib Banerjee and Justice Senthilkumar Ramamoorthy, observed: “Just because it is a temple, it cannot encroach into the public land and cause hindrance. It has to be bulldozed if it obstructs.”

Expressing disappointment that the State as well as the temple authorities had failed to provide satisfying replies to court notices, the bench said, “If there is a large stretch of the pathway that is blocked, the encroachment has to be removed to allow emergency vehicles.

We are ordering for a joint inspection with the Corporation Commissioner to appoint a person, along with the petitioner, to personally survey the locality.” All the questions raised by the court pertaining to the encroachment have to be answered, added the bench. The plea was adjourned for the State, the Corporation and the HR&CE department to file replies by February 25.