Minor deity is owner of a temple’s property: Madras HC

CHENNAI: A minor deity of a temple is the owner of the temple’s properties, the Madras High Court has held, and said the court being the deity’s custodian is duty bound to protect its interests. The observations were made by Justice SM Subramaniam while passing orders on a petition filed by an occupant of a temple property in Coimbatore praying for restraining the Hindu Religious and Charitable Endowments (HR&CE) department from eviction.

The judge said the court has to go to any extent to protect the minor deity, specifically in the case of temple properties. If donations offered to temples are not utilised for their or the devotees’ benefits, it would amount to the competent authorities and the trustees not only ‘committing a sin’ but also ‘infringing the right’ of the minor deity, he added.

The petitioner, KA Sreedharan of Coimbatore, has been in possession of a property belonging to the Magaliamman temple on Rangegowder Street in the city since 1961. He was paying `4,000 per month towards its rent until the HR&CE authorities increased it to `17,200 a few years ago. The petitioner, however, did not pay the arrears in full, following which the authorities served him a final notice, which said he would be evicted if he did not pay them. Subsequently, he approached the court with a writ petition.

The judge noted that a perusal of records showed the petitioner was not holding any valid lease, as the one he was granted in 1960 got expired after five years. The order further said if a person is in unauthorised occupation, mere payment of arrears would not confer them any claim to leasehold rights and occupation of temple property. He ordered the temple authorities and the department to initiate proceedings for eviction under section 78 of HR&CE Act and complete it within three months. 

Pointing out laxity on the part of the HR&CE authorities in maintaining the property in a proper way, the judge said corrupt activities should be brought down, and persons responsible and accountable for them must be prosecuted.