oppn parties Madras HC Refuses To Stop Removal Of Temple On Public Land

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Madras HC Refuses To Stop Removal Of Temple On Public Land

By Linus Garg
First publised on 2022-01-31 07:04:59

About the Author

Sunil Garodia Linus tackles things head-on. He takes sides in his analysis and it fits excellently with our editorial policy. No 'maybe's' and 'allegedly' for him, only things in black and white.

The Madras High Court has refused to stop the removal of a temple built on public land. It rightly refused to consider the fact that since the temple was there at the place for the last 30 or so years, some kind of right had come upon the trust that ran the temple. The court insisted, as per law, for the trust to provide documents to prove ownership of land on which the temple was situated. Since the keepers of the temple could not provide any documents, the court refused to stay the removal.

It has become a regular practice for some people to build temples on public land. It starts as a small affair with a few pictures or statues placed below a tree or in some other place. Once devotees start thronging and making donations, the keepers get bold and start building structures. Finally, they approach some well-off devotees for funds and make a permanent structure. But this is completely against law.

When the local administration tries to remove such structures (they cannot be called temples in the strict sense as according to Hindu religion, the deity must be properly installed with pranprathistha which most of these structures do not do before placing the idol there) the bogey of religion and long- time possession is always raised to stop them. In the instant case, the court rightly said that if this plea is accepted, everyone will encroach upon pubic land.

The Madras HC order will now put a stop to this. The court rightly said that "God is omnipresent and does not need specific land for his Divine presence". The usurpation of public land by the so-called keepers of temples or trusts that seek to do so must be stopped. It is an unholy practice that is not sanctioned by law. People cannot be allowed to do whatever they feel like in the name of religion.