Can’t transfer temple lands sans HR&CE’s consent, HC tells State

While upholding the order of a single judge quashing the move of the State government to assign lands of Sri Sakthi Muthamman Temple in Chinna Neelankarai, Chennai, and Sri Kottai Mariamman temple in Omalur, Salem, to the Fisheries and Transport departments respectively, the Madras High Court on Wednesday held that temple lands cannot be transferred to other departments without the consent of HR&CE commissioner.

While heading the first bench with Justice N Mala, Chief Justice MN Bhandari passed the orders on disposing the writ appeals filed by the State government. The State had challenged the November 2020 order of Justice R Mahadevan, who quashed the GO to allocate temple lands to the fisheries department in Chennai and the transport department in Omalur.

The first bench of HC held that they concur with the judgment of the single judge quashing the government’s move.

“The Commissioner, HR and CE Department, who has the general power of superintendence and control over all the temples, has neither been consulted nor been involved in the decision-making process. It’s not in dispute that by virtue of Section 34 of the Act, 1959, the Commissioner has been empowered to grant a long lease of the temple property, but in consultation with the Government, ” the bench ruled.

In 1963, a GO was issued to transfer 2.03 acres of land belonging to the Sakthi Muthamman temple in Chinna Neelankarai

to the fisheries department. In 2018, the Salem district collector ordered the transfer of the 1.15 acres of land of Kottai Mariamman temple to the transport department for building the RTO office. This was challenged before the court by litigants named S Guhan, S Sridhar, C Maran, and A Radhakrishnan.