Madras HC orders restoration of Sri Annamalainathar Temple land

Stressing the protection of temple property, a Division Bench of the Madras High Court has ordered the restoration of 3.93 acres of land belonging to the Sri Annamalainathar Temple at Kadayanallur, declaring the auction and subsequent alienation of the land in the 1990s to be illegal and contrary to law.

The Bench comprising Justice Anita Sumanth and Justice N Senthilkumar held that the sale of temple land permitted by the Temple Administration Board in 1994 violated statutory safeguards under the Hindu Religious and Charitable Endowments Act, 1959.

In a recently uploaded Judgment (Order dated December 15), the Bench slammed the Government for interfering in the temple affairs. “We agree with the private respondents that the HR&CE Department must be more responsible in the standards that it sets. However, the saving grace are the records of the Department that have been produced before us.

The records categorically establish the version of events argued by the Department now, to establish the gross illegalities in the conduct of the auction. One of the objections related to the valuation of the land has been brushed aside.

“The TAB has not even examined the aspect of valuation and whether the upset price had been determined properly.

Hence, weighing the contradictory stands of the HR&CE Department, as against the serious damage and prejudice caused to the protection of temple property, a public cause, we conclude that this argument has only limited value. The conflict in the pleadings does not remove the gross illegality in procedure,” said the order.

The land in question originally belonged to Sri Annamalainathar Temple, forming part of its extensive immovable assets. On 19 August 1992, the then trustees of the temple allegedly passed a resolution proposing the sale of temple lands.

This proposal was forwarded to the Temple Administration Board, which granted approval for auction on 21 July 1994, and formally initiated the auction process on 23 August 1994.

A public auction was conducted in June 1995, following which the land was sold to private individuals. Over the years, more than 90 people came to occupy the land, with residential structures and a mosque reportedly constructed on the property.