Madras High Court Stays Judgment Permitting Construction Of Metro Station Within Temple Premises
A Single Bench of Justice N Anand Venkatesh, on March 11th, 2025, had permitted CMRL to acquire the Arul Mighu Sri Rathina Vinayagar and Durgai Amman Temple premises.
Justice S.M. Subramaniam, Justice K. Rajasekar, Madras High Court
The Madras High Court has stayed the Order of the Single Bench, which allowed Chennai Metro Rail Limited to construct a metro station within the temple premises.
A Single Bench of Justice N Anand Venkatesh, on March 11th, 2025, had permitted Chennai Metro Rail Limited (CMRL) to acquire the Arul Mighu Sri Rathina Vinayagar and Durgai Amman Temple premises for the purpose of development of a metro station, in spite of CMRL's undertaking before a Division Bench in a PIL that it would not do so.
A Division Bench of Justice SM Subramaniam and Justice K Rajasekar ordered, “In view of the above submission made between the parties, there shall be an order of interim stay.”
Senior Advocate S Ravi appeared for the Appellant along with Advocate M Ramamoorthi, while Advocate General PS Raman represented the Respondents.
Brief Facts
M/s. United India Insurance Company Limited had constructed a new head office. The building consisted of 14 floors with sufficient parking space and the total built up area was approximately 25,000 sq. meters. It obtained a three-star green building certification and such construction was put up after getting necessary approval from the Chennai Metropolitan Development Authority (CMDA) and since this construction was put up within 50-meter radius of the route map of Phase II of the project of the CMRL, a No Objection Certificate (NOC) was also obtained from the CMRL before the CMDA granted approval.
Initially, a decision was taken to have an entry/exit point of the Metro Station within the premises of Arul Mighu Sri Rathina Vinayagar and Durgai Amman Temple, Whites Road.
At that stage, a PIL was instituted before the High Court, pursuant to which, the entry and exit point of the Metro Station was proposed to be shifted to the other side of the road at the entrance tower inside the Insurance Company’s Building. The said PIL was disposed of based on an undertaking given by the Standing Counsel for the CMRL that the entry/exit point of the Metro Station would be shifted to the site of the Petitioner. Resultantly, a notice was issued by the CMRL, calling upon the Petitioner to show cause within 30 days as to why the property should not be acquired. Hence, this was challenged before the High Court.
Order of the Single Bench
In its Order, the Single Bench had remarked that the “Almighty would undoubtedly shower his kindness and benevolence for the development of a metro rail station, which will benefit lakhs of people from all segments of society, some of whom may well be devotees, who visit the temple.”
The Court allowed a Writ Petition filed by the United India Insurance Company Ltd., challenging a notice issued by the CMRL under Section 3(2) of the Tamil Nadu Acquisition of Land for Industrial Purposes Act, 1997 for acquiring its property for construction of the metro station.
In the present case, the Division Bench posted the matter after four weeks.
Cause Title: M/s Alayam Kaapom Foundation v. United India Insurance Company Ltd & Ors. (WA No. 1216 of 2025)
Appearance:
Appellant: Senior Advocate S Ravi; Advocate M Ramamoorthi
Respondents: Advocate General PS Raman; Standing Counsel B Vijay
