“Hindu Religious Endowment Department bound to protect temple properties” Madras High Court

Justice Subramaniam of Madras High Court recently observed that the Hindu Religious Charitable Endowment Department is bound to protect temple properties and their belongings. The court directed the department to initiate proceedings to recover the encroached lands of Sri Ramanaadheswarar temple at Palnankuppam.

The above was held in a plea filed by a devotee of the Sri Ramanaadheswarar temple asking the court to direct the Commissioner of HR&CE to initiate proceedings to recover three and a half acres of land belonging to the temple from encroachers.

The counsel for the petitioner argued that the temple property is being encroached without paying any rent to the temple and now encroachers are attempting to alienate the temple property in an illegal manner.  It was further submitted that steps are being taken to change the revenue records and therefore urgent actions are required.

The court was informed that there are certain illegal transactions made on the temple land and the same was brought to the notice of the competent authorities including HR& CE, however, the commissioner did not initiate any action and therefore the petitioners were constrained to move a writ petition before the court.

Court, on hearing the submissions, held that Hindu Religious Charitable Endowment Department is bound to protect the temple properties and its belongings.

Court noted, “When the petitioner made a complaint that the temple properties are encroached upon without even paying the rent and an attempt is taken to alienate the temple properties, the authorities are duty-bound to conduct enquiry and initiate all appropriate action for the purpose of protecting the temple properties.”

Noting that the affidavit filed by the petitioner revealed that, certain transactions were brought to the notice of the authorities, Court directed the Commissioner of HR&CE to initiate all appropriate actions to protect the temple properties and further, initiate action to evict the encroachers and take possession of the temple properties in accordance with the law.

Court also directed the Commissioner to complete the exercise within a period of twelve weeks from the date of receipt of a copy of the order.

What the petition filed before the Madras HC read

It may be noted that the petitioner had informed the court that the temple property is being encroached upon without paying any rent to the temple and that the encroachers were also attempting to illegally sell the temple land. It was also said that efforts are being made to manipulate the revenue records and therefore urgent actions are required.

The court was informed that certain illegal transactions had occurred on temple property, which had been brought to the attention of the appropriate authorities, including HR& CE, however, the commissioner did not take any action, and the petitioners were forced to file a writ petition with the court.

After hearing the plea, the court lashed out at the Tamil Nadu government-managed HR&CE Department and ordered it to initiate proceedings to recover the encroached lands of Sri Ramanaadheswarar temple at Palnankuppam at the earliest.