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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M.SUBRAMANIAM, C.KUMARAPPAN
N.Yoganantham – Appellant
Versus
District Collector – Respondent
| Table of Content |
|---|
| 1. encroachment on temple land. (Para 1 , 2 , 3) |
| 2. government accountability for unauthorized construction. (Para 4 , 6 , 7) |
| 3. rights of deity and illegal government interference. (Para 5 , 9 , 11) |
| 4. utilization of temple funds must adhere to hr & ce act. (Para 12 , 13 , 17) |
| 5. duty of authorities to verify ownership before construction. (Para 14 , 15 , 16) |
| 6. order for eviction and restoration of temple properties. (Para 18) |
ORDER :
S.M.SUBRAMANIAM, J.
Writ of Mandamus has been instituted to direct the respondents 3 to 5 to remove the encroachments on the temple land in S.No.31 situated at Azhinjivakkam Village, Vadagarai Post, Redhills, Ponneri Taluk, Tiruvallur District and to restore the possession of the land to Managing Trustee of Arulmigu Sri Siddhi Buthi Selva Vinayagar Devasthanam.
2. The petitioner states that he is the representative of the hereditary trustee and a staunch devotee of Siddhi Buthi Selva Vinayagar Temple and accordingly, filed the writ petition.
3. The petitioner states that the President of the Panchayat Board had encroached upon the Temple land and constructed Village Panachyat Seva Maiyam and Panchayat office. No action was taken by the temple
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....
Property rights concerning temple lands require valid ownership evidence; proceedings under Section 78 are unsustainable without it.
The court affirms the petitioner's right to seek eviction of encroachers under the Tamil Nadu HR&CE Act and emphasizes the procedure for addressing property disputes.
Encroachments on temple lands require action under Section 78 of HR&CE Act by Joint Commissioner, not revenue authorities.
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