Encroachments Upon Temple Property By Tenants A Serious Legal Issue That Demands Stringent Enforcement Of Property Laws & Respect For Religious Sentiments: Madras HC
The Madras High Court said that the encroachments upon the temple property by tenants is a serious legal issue that demands stringent enforcement of property laws and respect for religious sentiments.
The Court said thus in a writ appeal filed under Clause 15 of Letters Patent to set aside an order.
A Division Bench of Justice S.M. Subramaniam and Justice K. Rajasekar observed, “Encroachments upon temple property by tenants is a serious legal issue that demands stringent enforcement of property laws and respect for religious sentiments. Temple authorities must be vigilant in protecting their land holdings, while tenants must adhere to the terms of their lease agreements. Judicial intervention, guided by established legal principles, is crucial in resolving disputes and upholding the rule of law. The judiciary can safeguard the sanctity of temple lands and uphold the rights of all parties involved.”
The Bench noted that the alienation of the leased-out temple property in violation of the provisions of the Hindu Religious and Charitable Endowments Act, 1997 (HR & CE) are null and void.
Senior Advocate V. Raghavachari appeared on behalf of the appellants while Special Government Pleader N.R.R. Arun Natarajan appeared on behalf of the respondents.
In this case, the subject property of all that piece and parcel of land and the Temple was falling under the control of the Hindu Religious and Charitable Endowments Department, Government of Tamil Nadu. The appellants claimed that the subject property was purchased vide Sale Deed and subsequently, it was executed in 1992. The temple was the sole and absolute owner of vast extent of land in and around Nungambakkam and a monthly rent of Rs. 15/- was fixed for tenancy.
The original tenant was irregular in payment of rent to the temple and he died in 1986, leaving behind the surviving legal heirs. Thus, they became the tenants under the temple and also committed default in payment of rent. Therefore, a suit for recovery of possession was filed in the City Civil Court. Thereafter, a writ petition was preferred by the appellants and the same was dismissed by the Writ Court. Challenging such order, the writ appeal was preferred.
The High Court after hearing the contentions of the counsel said, “Though fraudulent execution of Sale Deed and alienation of temple property raised between the parties, we are not inclined to go into those allegations. However, the petition under the Tamil Nadu City Tenants Protection Act is not maintainable. Therefore, the execution of Sale Deed, alienating the temple property pursuant to the orders passed under Section 9 of the Tamil Nadu City Tenants Protection Act is untenable and nullity in the eye of law.”
The Court held that the entire sale transaction between the private parties regarding the alienation of temple property is null and void and unenforceable.
“Section 111 of Hindu Religious and Charitable Endowments Act states that “Notifications, orders, etc., under the Act not to be questioned in Court of Law. Save as otherwise expressly provided in this Act, no notification or certificate issued, order passed, decision made, proceedings or action taken, scheme settled, or other thing done under the provisions of this Act by the Government, the Commissioner [or the Additional Commissioner] [or a Joint or Deputy Commissioner, or an Assistant Commissioner shall be liable to be questioned in any Court of Law”, it noted.
Furthermore, the Court observed that in view of Section 111, lease granted under the provision of the HR & CE Act cannot be subjected to a civil suit nor a petition under Section 9 of the City Tenants Protection Act, 1921 is entertainable.
“The decree of the civil suit is unenforceable, since it was issued without jurisdiction. The petition under the City Tenants Protection Act is entertainable and the order passed under Section 9 of the said Act is void ab initio. Consequently, all subsequent alienations became null and void in the eye of law”, it also held.
The Court emphasised that the Government, members or trustees of Boards/Trusts and devotees should be vigilant to prevent any such usurpation or encroachment and it is also the duty of Courts to protect and safeguard the properties of religious and charitable institutions from wrongful claims or misappropriation.
“In view of the facts and circumstances, the respondents are directed to resume the subject property belongs to the temple by following the procedures as contemplated under the Hindu Religious and Charitable Endowments Act and utilize the temple property for the interest of temple administration. The said exercise is directed to be completed within a period of three (3) months from the date of receipt of a copy of this order”, it directed.
Accordingly, the High Court dismissed the writ appeal.
Cause Title- M/s. Super Goods Films Private Limited & Anr. v. The Commissioner, Hindu Religious and Charitable Endowments Department & Ors. (Neutral Citation: 2024:MHC:1345)
Appearance:
Appellants: Senior Advocate V. Raghavachari and Advocate D. Saikumarran.
Respondents: Special Government Pleader N.R.R. Arun Natarajan and Additional Government Pleader U. Baranidharan.
