'God is Everywhere, Does Not Need Specific Land': Madras HC Refuses to Stay Removal of Temple

Refusing to postpone the removal of a temple on public land, the Madras High Court observed that “God is omnipresent” and that His divine presence did not require a specific location.

“It is the fanatic who is the root cause of all problems in dividing people in the name of religion (sic),” the court, according to a report by the Times of India. A division bench comprising of Justices S Vaidyanathan and D Bharatha Chakravarthy added that the petitioner could not usurp highway property, meant for public use irrespective of creed, caste, or religion.

“If the petitioner is so particular in facilitating devotees to worship Vinayagar, it is open for him either to allot his unencumbered land or the land, if any, available to the temple, and thereafter shift the idol to that place,” the judges said, the report stated.

The order was issued in response to a petition filed by S Periyasamy seeking to quash a notice issued by the state highways department ordering the removal of a temple in Veppanthattai, Perambalur district, Tamil Nadu.

The petitioner, a trustee of the temple, stated that the mandir had been in place for more than three decades and was built without impeding the free flow of the public or transportation.

“Even though the petitioner has stated that the temple was constructed three decades ago and the land belonged to the temple, what prevented him from producing necessary documents to establish his case?” the court said, refusing to accept the same.

The submission that the temple has not caused any obstruction to the public or free flow of traffic throughout and is used solely for the purpose of worship cannot be accepted because, first and foremost, the petitioner has failed miserably to produce documents proving that the land is under the control of the trust, the judges said.

Apart from that, if the petitioner’s submission is accepted, everyone will encroach on public land and claim that there is no obstruction to any public and, thus, they should be allowed to continue their illegal occupation, the court added.

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