Chennai: The Madras high court has permitted the Arumbakkam Bala Vinayagar Nagar Welfare Association to approach the local police to get back the idol of the deity, which is in the custody of the police following a dispute, and perform rituals and poojas.
Justice S Vaidyanathan granted the permission while upholding the order of the trial court and the first appellate court, restraining a person from encroaching upon the Temple land in Arumbakkam.
The judge dismissed the second appeal filed by C Jayaraman. Originally, Arumbakkam Bala Vinayagar Nagar Welfare Association filed a suit to restrain Jayaraman from encroaching upon the land belonging to Arulmighu Bala Vinayagar and Arulmighu Sree Saptha Kanniamman Te-mple in Arumbakkam.
The Association contended that Jayaraman, who had purchased the adjoining property attempted to encroach the temple land. He had also damaged the structure of the temple in order to demolish and take over the temple for his own occupation. A complaint was also lodged with Arumbakkam police on February 19, 2007.
Jayaraman submitted that there was no temple at all in the suit premises and it was situated few kilometres away from the suit premises. There were 43 plots allotted by the TN Slum Clearance Board and he has lived in one of the plots for 20 years, he added. The trial court decreed the suit in favour of the plaintiff. The first appeal preferred by Jayaraman was also dismissed by the first appellate court. Hence, he filed the present second appeal.
