Can’t issue patta to temple land sans HR&CE nod: Madras HC

CHENNAI: Temple trustees are bound to preserve and protect the property of the temple and to generate revenue, said the Madras high court, ruling that no asset can be reclassified without the nod of officials concerned.
“For augmenting the income of the temple, the land classified as 'temple poromboke land' can be utilised not only for cultivation, but also for purpose of constructing building, houses, business, premises etc. Therefore, weighing the religious and cultural importance of the temple, without getting prior NOC from the petitioner temple and the HR and CE commissioner, no temple poromboke land can be reclassified and patta can be issued in favour of other persons,” said Justice GK Ilanthiraiyan.
The judge was passing orders on a plea moved by Idol of Arulmighu Subramania Swamy Temple, Namakkal to restrain the revenue department from issuing free housing pattas of temple land without obtaining no objection certificate from trustees.
As per the revenue department GO September 26, 1984, obtaining NOC from the HR and CE commissioner is a must and it is also confirmed by the subsequent GOs, the court added.
“Insofar as the temple poromboke land is concerned, the revenue authorities have to verify about the encroachment and necessary entries have to be made in the relevant register during the time of 'Jamabandhi' every year. If any encroachment upon the temple poromboke land is found, it can be evicted directly, without the cooperation of the revenue department, since the department is the true owner of the land,” the judge said.
Now, without the knowledge of the petitioner temple and the commissioner, the department has reclassified 26.29 acres of temple poromboke land in Vaiappamalai village and issued house site pattas to 81 persons on November 13, 2012.
In spite of the objection raised by the petitioner, the department has ignored it and issued house site pattas to 81 persons in a hasty manner. As per the provisions of the HR and CE Act, it is the bounden duty of the trustee to preserve and protect the property of the temple and to utilize the same for the revenue of the temple, the court added.