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S. M. SUBRAMANIAM, N. SENTHILKUMAR
District Collector – Appellant
Versus
Kongu Nattu Vellalar Trust – Respondent
JUDGMENT :
[Judgment was delivered by S.M.SUBRAMANIAM, J.]
Prayer: Writ Appeal filed under Clause 15 of Letters Patent to set aside the order dated 08.03.2019 made in W.P.No.4567 of 2012 and allow this writ appeal.
The writ order dated 08.03.2019 passed in W.P.No.4267 of 2012 is sought to be assailed in the present writ appeal.
2. The District Collector, Namakkal is the appellant. The respondent has instituted a writ petitioner seeking sanction/permission for construction of Siddha Hospital in the temple land in S.No.33/2, Annaikattipalayam, Koonavellampatti Village, Rasipuram Village, Namakkal District. The Writ Court set aside the rejection order and directed the respondent therein to grant sanction/permission for construction of a Siddha Hospital. Aggrieved by the said direction, the District Collector preferred the present writ appeal.
3. Mr.R.Ramanlaal, learned Additional Advocate General appearing on behalf of the appellant would submit that the land measuring 4.27 acres in S.No.33/2 is classified as Government Poramboke in revenue records. No doubt, Kongu Nattu Vellalar Community people of that area constructed a temple and worshipping for several years. However, now they started
The state retains ownership of Government Poramboke land, and claims of title by private entities must be substantiated by legal documentation.
Temple land classified as Poramboke cannot be utilized for purposes detrimental to the temple's interests without proper consultation, ensuring procedural fairness in administrative decisions.
Transfer of temple land requires prior permission from the HR & CE Commissioner, and failure to notify the temple violates natural justice.
The Court reaffirmed that temple lands and funds must only be used for religious purposes, asserting the government's lack of authority to misuse such properties under the Hindu Religious and Charita....
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