Temple seeks review of order on encroachment

CHENNAI: The Sri Muthumariamman Temple in GKM Colony has moved the Madras High Court, challenging its earlier order directing the TNSCB to remove encroachments on Jambulingam Main Road in GKM Colony.Originally, while passing orders on a public interest writ petition from the GKM Colony, the first Bench led by Chief Justice MY Eqbal on January 3 this year, had directed the TNSCB to remove the encroachments on the land, which was alleged to be a water-body.Aggrieved, temple president M Kumarasamy filed the present petition to review the January 3 order.The petitioner contended that the entire area of 139 acres situated in Ayanavaram, Konnur and Peravallur villages, originally belonged to the Defence Department, which alone was the owner of the land. The land was used as firing range by the department. After the firing range was put into disuse, the Central government regularised the encroachments and transferred the ownership to the persons who had occupied the land and as such, the present General Kumaramangalam (GKM) Colony came into existence. Further, the entire area was not a water-body, as claimed by the GKM Colony. The SCB, even in 1986 had only termed the land in dispute only as a low-lying area and not as a water body or a pond or a lake. This fact had been deliebrately suppressed by both the petitioner (GKM Colony).The temple had been in existence from 1963. The land was given to it by the local residents and the members of Sri Kusuma Harnath Thunai Ex-Servicemen Association, which originally sought for allotment of land for its memebrs. At no stretch of imagination, it could be held that the SCB was vested with the ownership of the land and as such, the direction given to it was contrary to law and ought to be withdrawn, petitioner contended.The January 3 order could not be practically implemented as the main sanctum sanctorum of the temple, which was about 400 sq ft was situated in the middle of the land. Allowing the temple to retain only 400 sq ft and converting the rest of the land into an artificial lake would put the temple into disuse, hurting the religious sentiments of hundreds of devotees who thronged it daily, petitioner said and sought the court to review its January 3 order.