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IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.R.SWAMINATHAN, R.KALAIMATHI
A.Murugan, Managing Trustee – Appellant
Versus
District Collector – Respondent
ORDER :
G.R.SWAMINATHAN, J.
The issue raised in all these writ petitions is one and the same. While three of the writ petitions have been filed by Arulmigu Karikottu Kandan Sastha Thirukovil, W.P.(MD)No.4563 of 2018 has been filed by an NGO namely, Rural Development Movement, represented by S.Emil Jebasingh.
2.The question that calls for consideration is whether the temple management is entitled to fence the property comprised in S.No.539/10, Enayamputhenhurai Village, Keezhkulam Town Panchayat, Vilavancode Taluk, Kanyakumari District. This village was originally part of Thiruvangoor Samasthanam. Arulmigu Karikottu Kandan Sastha Temple appears to have been established several centuries ago. Our attention was drawn to the records maintained by the erstwhile Revenue Trivangur State for Eraniel Taluk. It is seen therefrom that S.No.954 has been classified as poramboke and in the final column, the existence of Arulmigu Karikottu Kandan Sastha Temple has been specifically mentioned. It is not dispute that Old S.No.954 corresponds to New S.No.539. Since the government wanted to form a channel across S.No.539, it came to be sub-divided into S.Nos.539/1 to 539/16. The channel was formed in S.
Writ court directs exhaustion of statutory revenue remedies for temple land encroachment and patta cancellation before mandamus.
A writ petition under Article 226 is not maintainable when a civil suit involving the same subject matter and parties is already pending, particularly concerning land title and eviction disputes from....
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....
The court maintains that while traditional worship on government poramboke land may be permitted, the construction of permanent structures on such land constitutes an unauthorized encroachment that m....
Denominational temples have Article 26 right to manage patta land without state interference, absent public order violation.
Transfer of temple land requires prior permission from the HR & CE Commissioner, and failure to notify the temple violates natural justice.
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