HC for drastic action to retrieve temple lands

Issues slew of directions to HR&CE department

The court has sought information on encroached lands belonging to temples in four weeks. A file photo of a hoarding put up by the HR and CE department in Nagapattinam.

In a bid to retrieve huge tracts of temple lands that had been either grabbed or under encroachment and to prevent further alienation of such immovable properties, the Madras High Court on Monday issued a slew of directions to the State Government as well as the Hindu Religious and Charitable Endowments (HR &CE) department.

Justice R. Mahadevan ordered that public notices be issued forthwith informing land grabbers across the State to surrender the properties voluntarily to avoid penal action under Section 79B of the HR&CE Act of 1959. Failure to do so should be followed up with prosecution against them.

The HR&CE Commissioner was directed to prepare and file a report to the Revenue Secretary specifying the details of temple lands for which ‘patta’ had been issued in favour of encroachers/third parties. The Secretary, in turn, was ordered to take steps to alter the patta granted in favour of beneficiaries of illegal transfer of land.

All Tahsildars and District Revenue Officers in the State must be instructed to refrain from issuing patta with respect to alienation of temple lands without obtaining written communication from the HR&CE officials. The HR&CE department was also ordered to collate information about temple lands and upload it on its website in four weeks.

The judge ordered that committees comprising HR&CE officials should be constituted for each region for making personal visits to temples in the State, identify lands belonging to them and find out the extent of encroachment. A detailed report on such encroachments should be filed in the court within six weeks.

Mr. Justice Mahadevan directed the HR&CE Commissioner to initiate departmental action against officials and temple trustees responsible for illegal transfer of temple properties. The directions were issued on a writ petition filed in the Madras High Court Bench in Madurai alleging alienation of lands belonging to a temple in Sivaganga district.

Stating that a recent statistics revealed that the extent of temple properties had reduced from 5.25 lakh acres to 4.78 acres in the last five years with nearly 50,000 acres lying with encroachers and land grabbers, the judge said: “The custodians of temple properties, be it the trustees or the HR&CE department, must bear in mind the object behind such donations to the temple.

Passing orders on another writ petition related to many lessees of temple lands squatting over the properties without paying mounting arrears of rent, the judge ordered that public notices must be issued directing them to pay the arrears within four weeks or face prosecution under Section 34B of the HR&CE Act.

Disapproving of the practice of many lessees continuing to pay paltry amount of rent fixed decades ago, he made it clear that committees as contemplated under the Act must be constituted for fixing rent on the basis of market value of the properties and only those who agree to pay the enhanced rent should be allowed to be in occupation of temple properties.