Object Is A Benevolent One: Madras HC Declines To Intervene In Leasing Of 2.5 Acres Temple Land For Building College
|The Madras High Court declined to quash an order for lease of 2.50 acres of land from the Sri Somanathaswamy Temple in Kolathur to the Sri Kapaliswarar Temple in Mylapore for 25 years. The purpose of the lease is to establish an Arts and Science College.
The petitioner had sought to quash the notice published in the Tamil newspaper Makkal Kural regarding the proposed lease of the temple land. He contended that the authorities had failed to comply with statutory requirements outlined in Section 34 of the Tamil Nadu Hindu Religious and Charitable Endowment Act of 1959. He claimed that these requirements included obtaining necessary approvals for alienation and publishing mandated information about the lease.
A Bench of Justice M. Dhandapani said, “On scrutiny of the notification, which is impugned herein reveals that subject temple lands are meant for a long term lease to run a college, and thus, the object is a benevolent one. When that be so, this Court is of the considered opinion that if the petitioner intends to point out some irregularities or procedural deviations committed by the respondents, the same can be submitted before the 1st respondent by way of written objections / suggestions and hence this Court is not inclined to interfere in the impugned notification at this stage.”
Advocate Niranjan Rajagopalan appeared for the Petitioner and Special Government Pleader N.R.R. Arun Natarajan appeared for the Respondents.
The Court granted the petitioner the liberty to approach the Hindu Religious and Charitable Endowment (HR&CE) Department with his objections or suggestions, directing the authorities to consider them on their merits.
Ultimately, the Court disposed of the petition, instructing the petitioner to submit his written objections and suggestions to the HR&CE Department by October 9, 2024. The Court also mandated that the department consider these submissions carefully.
Cause Title: T.R. Ramesh v. The Commissioner, Hindu Religious & Charitable Endowments Department & Anr.