Madras High Court Judge, Justice K. Kumaresh Babu, visited Shri Durgai Amman Temple and Sri Rathina Vinayakar Temple at Whites Road Royapettah, Chennai today, after hearing a matter yesterday concerning the Chennai Metro Rail Limited's ('CMRL') notification to acquire the temples for construction works.

A public interest litigation was filed by a non-profit organisation namely Aalayam Kaappom Foundation Ltd seeking change in the alignment plan in connection with the Metro Rail Project at Temple Tower of Sri Durgai Amman Temple and Sri Rathina Vinayakar Temple which is proposed to be acquired. The acquisition will include about 1/3 of the Temple Complex including the Temple Tower which is appurtenant to the Temple.

The Division Bench of Acting Chief Justice D. Krishna Kumar and Justice K. Kumaresh Babu heard the matter on Friday. After this, the Advocate General invited Justice K. Kumaresh Babu to visit the temple to see the site for himself, which was accepted by the Bench. Senior Advocate S. Ravi and Senior Advocate V. Raghavachari joined Justice Babu on his visit. The visit primarily focussed on finding an alternative to the demolition or dismantling of the temples.

Durgai Amman Temple, Whites Road, Royapettah, Chennai is located in Triplicane Survey No. 328/1 Block 11. The Ratina Vinayakar Temple is located in Triplicane Survey No. 327/1 & 2 Block 11. The Durgai Amman Temple is considered 250 years old. The Inner Sanctum and the First Tier of the Rajagopuram are Pure Granite construction. The Ardha Mandapam and the 5-tier Rajagopuram are later additions. The Temples are staffed by hereditary priests who can trace back at least four generations of their ancestors serving these Temples.

The CMRL plans to construct the second Thousand Lights station underground as part of Phase II Corridor 3 in Whites Road where Ratina Vinayakar and Durgai Amman Temple and its properties are located. Two out of three Entry/Exits for the station are planned to be located on Whites Road in the Temple and its properties. A subway is also planned to connect the newly constructed station with the existing Corridor 1 Thousand Lights station.

The petitioners stated in the petition, "the CMRL's plan to construct the Thousand Lights Metro Station and Viaduct alignment below the Temple by completely demolishing the Rajagopuram is unheard of. The sanctity of the Temple and Temple's Rajagopuram is permanently hindered by the illegal activity of the CMRL."

The Petition, filed by Advocate M Ramamurthy, also stated, "It is submitted that the Temple and immovable properties held by Temple are not Government property. Nor do these Temple properties belong to HR &CE Department or the Trustees. The deity is the legal owner of these properties but is considered as a minor. The trustees are mere Malager or Custodians of the temple property. This is the position held by catena of judgements by Honourable Courts in the country for the past 100 years."

A technical report was also been filed by CMRL which stated that the Expert Committee opined that for the construction of the Thousand Lights Underground Station of CMRL Corridor-3, it was not feasible to avoid the shifting/relocation of temples.

The Petition also stated, "The CMRL acquired the Temple Tower and 1/3 of the Royapettah Durgaiamman Temple, Chennai through Gazette notification...The purpose is to building underground Thousand Lights Station. Only few metres of land neighbouring property belonging to United India Insurance is being acquired. The united India Insurance building was being demolished and reconstructed and enough land was available for acquisition. Also, there is almost no acquisition on the other side of the road. The acquisition includes about 1/3 of the Te,ple Complex including the Temple Tower which is appurtenant to the Temple."

Cause Title: M/s. Aalayam Kaappom Foundation Ltd v. State of Tamil Nadu & Ors. (WPC No. 181633 of 2024)

Madras High CourtJustice K Kumaresh Babu

Aastha Kaushik