Madras HC slams HR&CE for ‘active-passive’ role in land-grabs – Times of India

CHENNAI: Flagging the ‘active and passive’ role played by the Hindu religious and charitable endowments (HR&CE) department officials in loss and misappropriation of temple lands in Tamil Nadu, the Madras high court has directed the state to identify and initiate action against such officials.
Asserting that encroachment of temple properties is an offence against the state and society, Justice S M Subramaniam said the courts had a duty to prevent such loot of temple assets, as the deity is a minor. “Temple properties are allowed to be looted by few greedy men and by a few professional criminals and land-grabbers,” the court said, and directed the department to complete eviction of illegal occupants who had built gyms and minimalls and let them for fancy rents at Villivakkam in Chennai.
The judge passed the orders while disposing of a plea moved by K Senthilkumar challenging the eviction proceeding initiated by the HR & CE to take possession of a twostorey building constructed on a 3,227-sqft land owned by Arulmigu Agatheeswara Swamy Thirukkoil, Villivakkam. Though the petitioner claimed that the land had been leased for 99 years since 1936 and was purchased by his father through a sale deed dated October 13, 1967, he could not submit any proof for it.
Rejecting the claim, Justice Subramaniam said: “The petitioner has not produced any order granting sanction by the commissioner of HR&CE. Thus, any such exchange, sale or mortgage or any lease for a term exceeding five years without the sanction of the commissioner is null and void.”
Ruling that the 99-year lease deed itself was null and void, the judge said, “therefore, the settlement deeds or sale deeds also cannot be held as valid. The temple property, which is meant for the benefit of the temple, can never be allowed to be encumbered in a different manner and in such circumstances, the courts are bound to step in and deal with the issues properly.”
The government, members or trustees of boards/ trusts, and devotees should be vigilant to prevent any such usurpation or encroachment. It is also the duty of courts to protect and safeguard the properties of religious and charitable institutions from wrongful claims or misappropriation, the court added.