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Court clears way for temple demolition

Special Correspondent

Judges back decision by Corporation

CHENNAI : The Madras High Court has permitted the Chennai Corporation and the district administration to demolish a temple in the middle of the road at Jafferkhanpet in Ashok Nagar, and cut a neem tree on the temple premises.

A direction to this effect was given by a Division Bench comprising Justice P. Sathasivam and Justice S. Tamilvanan, after dismissing a writ petition by E. Raju seeking to restrain the authorities from demolishing the Kanniamman Temple on Ayyavoo Street in Jafferkhanpet.

The Chennai Corporation decided to demolish the structure and cut down the tree as they were a hindrance to the flow of traffic.

When the contention was disputed by the petitioner, the court appointed an advocate-commissioner. He prepared a sketch, which clearly showed that the tree and the surrounding wall, including the temple, were situated approximately in the middle of the road occupying more than 40 per cent of the road width. The steps to enter the temple too were on the edge of the road.

In their order, the Judges said, "apart from the sketch, the officials of the Corporation, on inspection, taking note of the interest of the general public, have decided to cut and remove the tree and also to remove the wall and temple put up therein. We agree with the decision taken by the Corporation Commissioner."

Noting that the relief claimed by the petitioner could not be granted, the Judges said they were of the firm view that the tree and the surrounded wall, including the temple, have to be removed in the interest of the general public and free flow of traffic.

"The Corporation Commissioner and their officers are free to take necessary assistance from the police concerned. If any such request is made, the Commissioner of Police or the officers concerned are directed to provide necessary assistance," the judges said.

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