Transfer of temple land requires prior permission from the HR & CE Commissioner, and failure to notify the temple violates natural justice.

ORDER :

This writ petition has been filed challenging the impugned proceedings of the first respondent dated 22.07.2024.

2. The case of the petitioner Temple is that the Temple is the owner of the agricultural lands in S.Nos.97/2, 98/3 and 108/1 at Hasanur Village. All of a sudden, survey and measurements were undertaken at S.No.108/1 and when the same was objected and questioned, it came to light that the first respondent through proceedings dated 22.07.2024 had authorized the transfer of 1 acre of the property situated at S.No.108/1 in favour of the second respondent in order to erect an electricity sub-station. Aggrieved by the same, the petitioner Temple has challenged the proceedings of the first respondent dated 22.07.2024 by filing the present writ petition.

3. The third respondent has filed a counter-affidavit. The third respondent has taken a stand that there was a demand by the people living in the hill terrain seeking for electricity connection and a request was made for formation of a sub-station. On considering the said demand, a survey was done and the feasible location was identified in S.No.108/1. Considering the grievance expressed by the people, a decision was taken to put up the sub-station in the property that was identified. While going through the A-Register, it was found that S.No.108/1 has been classified as a Sarkar Poromboke and in the remarks, it has been mentioned as Kovil. Since the remarks column mention as Kovil, necessary proposals were sent to the Commissioner of Land Administration and the Commissioner of Land Administration empowered the District Collector, Erode, to issue enter-upon permission to the Tamil Nadu Electricity Board. Thereafter, the Tamil Nadu Electricity Board entered into the land for constructing the sub-station.

4. It is further stated in the counter-affidavit that a survey was conducted and it was found that the lands were lying vacant and it was a non-objectionable Sarkar Poromboke which can be utilized for public purposes. This fact was informed by the first respondent to the Commissioner of Land Administration. Thereafter, the first respondent conducted an enquiry and after hearing the HR & CE Department and also after going through all the relevant records, it was ascertained that the subject property does not belong to the Temple. Therefore, it was declared that S.No.108/1 at Hasanur Village is only a Sarkar Poromboke land and accordingly it was decided to hand over the same to the second respondent for putting up sub-station.

5. The fourth respondent has filed a counter-affidavit. The stand that has been taken by the fourth respondent in the counter-affidavit is extracted hereunder:-

"4. I humbly submit that, the above said temple, Viz.. Arulmighu Kumbhaeswarar Thirukoil, is situated in S.No.108/1, to an extent of 9.38.50 Hectares, situated in Asanur Village, Thalavadi Taluk, Erode District. The remaining lands are being used to conduct festivals and the temple is in the absolute possession and enjoyment of the above said lands. Hence, the above said lands, are been classified as Sarkar Poramboke and in the column-note it is classified as Temple, in "A" registrar.

5. I humbly submit that, meanwhile, The District Erode, vide his proceedings, in Na.Ka.No.11799/2002/U.2/ dated 22.07.2024, by Sub-dividing an extent of 0.40.50 Hectares of lands, (1 Acre), out of the above 9.38.50 Hectares, had transferred, the said lands, to the Tamilnadu Electricity Consumption and Electricity Distribution Board, to put up Tamil Nadu Electricity Sub-Station.

8. I humbly submit that, as per the revenue standing orders, the lands in S.No. 108/1, to an extent of 9.38.50 Hectares, (including the 1 acre of lands allotted to the Electricity Board), situated in Asanur Village, Thalavadi Taluk, Erode District, in the Village Register, in the occupation column No-12, it is stated as Temple. As per the Revenue Standing order 26 Rule 13(2), the above said lands can be construed as temple Poramboke.

Order 26,