Justice R Mahadevan issued the direction on Wednesday while dealing with a batch of pleas related to lands belonging to Sri Sakthi Muthamman temple in Neelankarai and Arulmighu Kottai Mariamman Thirukoil in Omalur, Salem, being transferred to other departments entirely/partially.

The HR&CE Department failed to take any steps to protect the interest of the temples, though the subject falls within its purview, the petitioner alleged. Such callous attitude on the part of HR&CE Department could not be countenanced, Justice Mahadevan said, directing the HR&CE Commissioner to initiate appropriate action to retrieve the lands, remove all encroachments, if any, and maintain them with utmost care for beneficial interests of these temples. The official was also directed to order appropriate inquiry about the missing files and documents connected to the temples, and initiate action against the officials responsible.

“The temples are entitled to the rights of possession and enjoyment in respect of the respective disputed lands, subject to the control and administration of the HR&CE Department,” Justice Mahadevan said in his order.

“Needless to say that no trustee/ private individual shall claim right over the disputed lands possessed and 

enjoyed by the temples in any manner whatsoever,” the judge said.

Pointing out that the right and title over the disputed lands vested with the government, the judge added that the government should not utilise, alienate, assign or transfer the land, or construct permanent structures on it for purposes other than the beneficial interests of the temple as indicated in Rule 13 of the Revenue Standing Order No.26 and the provisions of the HR&CE Act.

“It is also the duty of the courts to protect and safeguard the properties of religious and charitable institutions from wrongful claims or misappropriation,” added Justice Mahadevan.

While directing HR&CE Department to take control of the lands in questions and take steps to put a compound wall to secure them, the judge reiterated that except temple related purposes, the lands should not be used for any other purposes and should not be alienated or leased or encumbered illegally and against the interests of temples.