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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
M. Nagarajan – Appellant
Versus
District Collector, Thenkasi District, Thenkasi – Respondent
| Table of Content |
|---|
| 1. challenge to construction order based on land usage. (Para 1 , 2) |
| 2. petitioner's objections to land allocation and temple rights. (Para 3 , 5 , 6) |
| 3. court's analysis of land classification and rights. (Para 4 , 7 , 11) |
| 4. legal precedent on temple land usage rights. (Para 8 , 9 , 10) |
| 5. order to cease construction and restore land to temple. (Para 12 , 13) |
ORDER :
(G.K. ILANTHIRAIYAN, J.)
This Writ Petition is filed challenging the work order issued by the 4th respondent dated 06.12.2021 to construct modern gasifier crematorium at Tirunelveli Road to Nedunkulam Road at Sankarankovil Municipality.
2.On the request made by the general public of Sankarankovil Municipality to construct electric crematorium, the Government issued G.O.(Ms)No.90, Municipal Administration and Water Supply (NS) Department, dated 27.10.2021 and allotted funds to implement the crematorium projects in 7 Municipalities, including Sankarankovil Municipality at the cost of Rs.1,045 lakhs. Accordingly, tender was floated, in which highest bidder, namely, M/s. PSR Constructions was selected and work order dated 06.12.2021 was issued to them. As per the work order, now, construction of electric cremator
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 state retains ownership of Government Poramboke land, and claims of title by private entities must be substantiated by legal documentation.
Temple lands' unauthorized use by government without S.34 permission mandates compensation despite long delay, proven by ryotwari patta.
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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