[Temple land encroachment] Large-scale collusion between temple authorities and greedy men: Madras High Court

The Madras High Court recently reiterated concerns regarding temple land encroachment in Tamil Nadu, remarking that large-scale passive and active collusion between greedy men and temple authorities was identifiable in such cases. (P Jayanthi and ors v. The Commissioner, Hindu Religious and Charitable Endowment and ors).Justice SM Subramaniam noted that the provisions of the Hindu Religious and Charitable Endowment (HR&CE) Act entrusted the authorities concerned with various responsibilities including the fixation of fair rent for leased temple property every three years. .Fair rent has to be fixed as per the prevailing market values and in a just manner for the beneft of the temple and "to honour the wishes of those Donors, Great Souls, who had donated their hard earned valuable properties to do services to the temple and its Devotees," the Court further emphasised..Any irregularity resulting in a disadvantage to the temple property must be viewed seriously, he said. The executives are bound to implement the provisions of the Act scrupulously and it is not as if the executives can deal with the temple properties in a lackadaisical or casual manner, he added..While so, the Judge went on to lament that:."It is ridiculous that some greedy people are paying some amount as per their own choice in respect of the property belongs to the minor idol and continuing in possession and earning huge profits by doing business in the said property and the Authorities are not vigilant in initiation of action. For the sake of maintaining the files, the actions are taken just with a view to save their official position, but the manner in which the actions are pursued, is a serious question to be considered ... Undoubtedly, large scale active and passive collusion between the greedy men and the Temple Authorities and Departmental Authorities are identifiable.".The Court was dealing with a petition involving a temple property located in a "prime location in Chennai", which the judge noted was worth several crores. .The petitioners had moved the Court challenging a demand notice fixing "fair rent", which they claimed was done without giving them due opportunity to be heard. .The Court, however, eventually found that they were illegal occupants and liable to be evicted from the property, in which the petitioners' father had started a hotel business. .Whereas a lease was initially granted in favour of the petitioners' father, the lease was not renewed after a certain point, which meant that the petitioners had been in illegal possession of the property, the Court said. ."It is most unfortunate that financial loss running to several crores are being caused for the Deity and to the temple properties. The Authorities are expected to act in swift manner in such circumstances ... the petitioners have no right to continue in the subject property of the temple and they are liable to be evicted without any further delay," the Court ordered. .The judge also took the opportunity to reiterate that since the temple idol is in the position of minor, Constitutional courts are duty-bound to protect the temple deity's interests if any illegality or irregularity is found. ."If the idol is left in lurch by the custodian/Trustees or Competent Authorities, the Court is the Authority to step-in and initiate all further actions against all such persons, who all are committing such illegalities and irregularities or causing loss or damages to the properties belong to the temple," the Court said. .[Read Order]