Read Time: 11 minutes

Stressing that fraudulent and illegal encroachments of temple properties is a crime against the society at large and the 'Deity' in the temple is a 'minor', the Madras high court has ordered the eviction of illegal occupants from the Agatheeswara Swamy Temple at Thirukkoil, Villivakkam.

The Court has noted that "temple properties are allowed to be looted by few greedy men and by few professional criminals and land grabbers" and that in such a case, "the active or passive contribution and collusion by the officials of the HR & CE Department cannot be overruled."

In this regard, the Court has directed the Tourism, Culture and Endowment department and the HR&CE to complete the eviction proceedings in all aspects and take over possession of the properties and deal with the same in accordance with the provisions of the HR&CE Act and more specifically, for the benefit of the temple administration, immediately.

While coming down heavily on the lapses, negligence, dereliction of duty on the part of such public officials, the Court has noted that the same be viewed seriously and all appropriate actions in this regard is highly warranted. 

In this context, the court has directed the HR&CE department officials to conduct an enquiry and assess the financial losses incurred by the temple and initiate all appropriate actions against all the persons concerned for the recovery of the financial loss caused to the temple.

The bench of Justice M. Subramanium has also reiterated that when temple management fails to protect the interest of the temple diligently, the Courts are bound to step in and deal with the issues properly, making notable observations about the protection of the Deity when administrations fail to do so.

The Court was hearing a matter about land encroachment of Arulmigu Agatheeswara Swamy Temple by R. Senthilkumar who submitted that land measuring 3,227 square feet on MTH Road, belonging to Sri Agatheeswarar Swamy temple in Villivakkam was assigned to his ancestor. In 2011, the petitioner acquired the property registered in his name by the Sub-Registrar. As the temple initiated eviction proceedings, he moved the high court with the present petition.

"When the trustee or the Executive Officer or the custodian of the idol, temple and its properties, leave the same in lurch, any person interested in respect of such temple or worshiping the 'Deity' can certainly be clothed with an adhoc power of representation to protect its interest."
- Madras High Court

Court further stressed that the temple property, which is meant for the benefit of the temple, can never be allowed to be encumbered in a different manner. Court highlighted that the Court is bound to take notice of the fact that the Executive Officers appointed in the temples are being changed periodically and in many a case, they do not get fully acquainted with the history or affairs of the temple.

Therefore, court held that,
"if there is lapses, slackness or negligence on the part of the Executive Officer and the trustees of the temple, “it is the duty of the Court to ensure that the 'Deity' does not suffer thereby..... It is also the duty of courts to protect and safeguard the properties of religious and charitable institutions from wrongful claims or misappropriation,"

Court observed that the properties of deities, temples and Devaswom Boards, require to be protected and safeguarded by their Trustees/Archaks/ Sebaits/employees.

However, court stated that there are many instances where persons entrusted with the duty of managing and safeguarding the properties of temples, deities and Devaswom Boards have usurped and misappropriated such properties by setting up false claims of ownership or tenancy, or adverse possession.

"This is possible only with the passive or active collusion of the concerned authorities," Court noted.

Stressing that such acts of 'fences eating the crops' should be dealt with sternly, court said that the Government, members or trustees of Boards/Trusts, and devotees should be vigilant to prevent any such usurpation or encroachment.

Noting that the petitioner sublet the temple properties to several third parties and earned huge amount from and out of the temple properties, Court held that petitioner is not only an encroacher, but abused the property of the temple for his personal gains.

Court highlighted that in the ground floor four shops and one Party Hall is functioning,in the first floor, Gym is functioning and in the second floor, one Rest Room and Godown are functioning.

"So far the petitioner has not only enjoying the temple properties in an illegal manner, but derived profit from the temple properties and the profit gained is running to several lakhs," Court noted.

Therefore, stating that the High Court is not expected to close its eyes in respect of such patent illegalities in dealing with the temple properties, Court concluded that the Court has its constitutional obligation in such circumstances to step-in and protect the interest of the minor idol and issue appropriate orders.

Case Title: K. Senthilkumar vs. The Principal Secretary to Government of TamilNadu, Tourism, Culture and Religious Department and Ors. 

Access copy of Judgment Here