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Madras High Court Orders Review of Land Classification for Arulmigu Sundara Varadharaja Perumal Temple

Chennai, February 9, 2024 – The Madras High Court has directed the Tamil Nadu revenue authorities to reconsider the land classification of Survey Nos. 99/4 and 99/5 in Virugambakkam, Chennai, currently claimed by the Arulmigu Sundara Varadharaja Perumal Temple . The court’s decision stems from a writ petition filed by the temple, challenging the classification of its land as “ Sarkar Poramboke ” (government wasteland) despite historical evidence suggesting temple ownership dating back to 1775.

Background of the Case

The temple, represented by its Fit Person Durai Shankar , argued that the land has been in its possession for over two centuries, as evidenced by revenue records. However, during a town survey in 1998, the land was classified as Sarkar Poramboke . This classification was further solidified by a notification under Section 13 of the Tamil Nadu Survey and Boundary Act. The temple's attempt to rectify this classification after two decades led to the filing of this writ petition. The Chennai Metro Rail Limited (CMRL) is also involved as it has acquired the land for its Corridor 5 alignment, assuming it to be government land.

Arguments Presented

The temple's counsel argued that the adverse possession law and the limitation period are not applicable to land belonging to a deity. They presented historical revenue records dating back to 174 AD, demonstrating continuous temple possession. They asserted that the land was incorrectly classified during the 1998 Town Survey and subsequent computerization of land records.

The government respondents countered that the land was classified as Sarkar Poramboke during the 1998 Town Survey, and the temple's challenge came well beyond the three-year limitation period. The CMRL also contended that its acquisition of the land was legitimate and that the project is not affecting the temple itself.

Court's Decision and Implications

Justice P. Velmurugan , in his order dated February 9, 2024, acknowledged the temple's historical claim and the principle that adverse possession does not apply to temple property. The court directed the revenue authorities to consider the temple's representations dated December 5, 2022, and October 9, 2023, and conduct a thorough enquiry, providing notice to all interested parties. The authorities are required to complete this process within two months. Importantly, the court’s ruling does not affect the CMRL's existing possession of the land for its ongoing metro project.

The court's decision underscores the importance of careful consideration of historical land records, especially in cases involving religious institutions. The directive to conduct a comprehensive enquiry will likely set a precedent for similar cases involving land disputes concerning historical temple properties in Tamil Nadu. The outcome of the enquiry will significantly impact the future of the land and its rightful ownership.