The authority must follow mandatory procedures under Section 34 of the Hindu Religious and Charitable Endowments Act, 1959, before sanctioning the sale of temple lands.

O R D E R

This Writ Petition has been filed, challenging the proceedings of the 1^st respondent dated 06.05.2019 thereby, the 1^st respondent directed the

3^rd respondent to give appropriate instructions to register the subject property in favour of the 5^th respondent.

2. The petitioner is a Heridetary Trustee of Arulmighu Agatheeswarar Swamy Thiru Koil and Kariamanicka Perumal Thiru Koil, Kolapakkam, Chennai. The Temple owns lands comprised in Survey No.99 to an extent of 1.48 acres and in Survey No.100 to an extent of 1.34 Acres, in total, 2.82 Acres. While being so, the 1^st respondent directed the 3^rd respondent to give instructions to register the said lands in favour of the 5^th respondent for the purpose of allotment under Rehabilitation Scheme.

3. Heard Mr.N.Jyothi, learned Senior Counsel appearing for the petitioner, Mr.D.Ravichander, learned Special Government Pleader appearing for the respondents 1 & 5 and Mr.S.Ravichandran, learned Additional Government Pleader appearing for the respondents 2 to 4.

4. The learned Senior Counsel appearing for the petitioner submitted that though the Temple is coming under the purview of Section

34 of the Hindu Religious and Charitable Endowments Act, 1959 (herein after referred to as the “Act”), the immovable property of the Temple, if at all any necessity arose, could be sold by duly following the mandatory procedure contemplated under the said Act. Without following any of the procedure as contemplated under Section 34 of the Act, the 1^st respondent straight away passed order thereby, directing the 3^rd respondent to give appropriate instructions to register the subject lands in favour of the 5^th respondent. He would further submit that the petitioner, who is being a Trustee of the Temple was not heard and he was not issued any notice. It is stated that no sale can be done by any Authority other than the Commissioner, that too, without approval of the Government. Even before the proposal is to be sent to the Government, the Government should invite objections, if any, from the general public with due publication of notice to the proposal thereon.

5. The learned Senior Counsel appearing for the petitioner further submits that the Government of Tamil Nadu framed the Alienation of Immovable Trust Properties rules, in order to protect the immovable property of the Temple accordingly, the alienation if any, to be made shall be only by following the due procedure.

6. On perusal of the counter filed by the 1^st respondent and also the submissions made by the learned Special Government Pleader revealed that Government of Tamil Nadu already accorded administrative sanction for acquisition of lands in the villages of Manapakkam, Kolapakkam, Gerugambakkam, Tharapakkam and Kovur villages in Sriperumbudur Taluk, Kanchipuram District to provide patta lands to the Airport Authority of India for Chennai International Airport at free of cost in G.O.Ms.No.108, Transport (I-2) Department dated 09.10.2007 for extension of Chennai Airport to International Levels.

7. It is further stated that these lands were acquired and handed over to the Adi Dravidar Welfare Department to provide free house site pattas to the housesless Adi Dravidars. Therefore, in order to provide alternative house sites to those house holders, who will be affected by land acquisition, the Government initiated action to acquire the lands comprising Survey No.99 measuring an extent of 1.48 acres and in Survey No.100 measuring an extent of 1.34 acres belong to the petitioner Temple. The Government has also already accorded administrative sanction to acquire the said property for providing house sites to the displa