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2024 Supreme(Mad) 1700
IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M.SUBRAMANIAM, C.KUMARAPPAN, JJ.
S.Murali Babu – Appellant
Versus
The Commissioner – Respondent
W.A.No.1930 of 2021 and C.M.P.No.12493 of 2021
Decided on : 21-06-2024
Advocate Appeared
For the Appellants : Mr.K.Kannan
For the Respondent:Mr.S.Ravichandran, Additional Government Pleader (HR & CE), Mr.L.Jaivenkatesh, Standing Counsel for TANGEDCO, Mr.C.E.Pradap Government Advocate (Crl.Side)
IMPORTANT POINT
The court underscored the obligation of authorities under the Hindu Religious and Charitable Endowments Act to protect temple properties and the legal recourse available for addressing encroachments.
Headnote:
PROPERTY - TEMPLE PROPERTY - The court emphasized the protection of temple properties under the Hindu Religious and Charitable Endowments Act, highlighting the responsibility of authorities to safeguard these assets. The court directed police to investigate encroachments and affirmed the Executive Officer's authority to resume possession of the temple property, reinforcing the legal framework for protecting religious properties from fraudulent claims.
Fact of the Case:
The case involves a writ appeal challenging an order regarding the encroachment of properties belonging to Thiruvetteeswarar Temple in Chennai. The temple had previously evicted occupants through civil suit but faced new encroachments supported by fraudulent documents. Complaints to the police were initially ignored, prompting the court's intervention.
Finding of the Court:
The court found that the temple properties were indeed encroached upon and that the Executive Officer had taken possession of the property. It noted the registration of a criminal case against the encroachers and mandated police action in accordance with the law.
Issues: The primary issues included the legitimacy of the encroachments on temple property, the responsibility of police to act on complaints, and the authority of the Executive Officer under the Hindu Religious and Charitable Endowments Act.
Ratio Decidendi: The court established that temple properties must be protected by competent authorities, and that negligence in safeguarding these properties could lead to accountability. It reinforced the role of law graduates in managing temple affairs and the necessity for due process in addressing encroachments.
Result: The writ appeal was dismissed, affirming the actions taken by the Executive Officer and directing the police to investigate the complaints regarding encroachments.
JUDGMENT :
(Judgment of the Court was made by S.M.SUBRAMANIAM, J.)
Prayer: Writ Appeal filed under Clause 15 of Letters Patent to set aside the order dated 03.03.2021 passed in W.P.No.13390 of 2020
The writ appeal has been instituted challenging the order dated 03.03.2021 passed in W.P.No.13390 of 2020.
2. It is not in dispute between the parties that the subject properties belongs to Thiruvetteeswarar Temple, Sannathi Street, Triplicane, Chennai-5. The temple property was encroached upon by creating fraudulent documents. The Temple on earlier occasion instituted civil suit and evicted the occupants. After evicting the occupants, the appellants encroached upon the property and the police complaint filed by the Temple Authorities were not registered by the Police Authorities. Under those circumstances, we have directed the Police Authorities to look into the complaint and act in accordance with law.
3. Mr.C.E.Pradap, the learned Government Advocate (Crl.Side) appearing on behalf of the Inspector of Police, Zam Bazaar Police Station would contend that in addition to the earlier complaint, a fresh complaint has been received from the Executive Officer of the Temple and a criminal case has been registered against the accused persons in Crime No.109 of 2024 under Sections 420, 465, 466, 468, 471 of IPC and possession has also been taken by the Temple Authorities.
4. Ms.T.Gangadevi, the Executive Officer of Thiruvetteeeswarar Temple, who appeared in person would submit that she had taken possession of the subject property.
5. It is needless to state that the temple properties are to be protected by the competent Authorities under the Hindu Religious and Charitable Endowments Act. It is a duty mandated on them to protect the properties in the interest of the temple and income arrived from and out of such properties are to be utilised for the benefit of the temple, devotees and workshippers. In the event of lapses, negligence, dereliction of duty, such Authorities are accountable and liable. This exactly is the reason why the Law Graduates are appointed as Executive Officer and higher Officials of the HR & CE Department. When such Law Graduates alone are eligible for appointment to certain important posts in the HR & CE Department, they are expected to handle these properties, temple litigations in a professional manner and to ensure that temple properties are protected and grabbed properties are resumed.
6. The subject properties in the present case, has been resumed by the Executive Officer. A criminal also has been registered. Thus, the Police Authority is bound to proceed with the investigation by following due process. The Executive Officer shall resume all such temple properties, if any, left out and protect the same for the benefit of the temple.
7. With these observations, the Writ Appeal stands dismissed. No costs. Consequently, connected miscellaneous petition is closed.
