CHENNAI: The Madras High Court has observed that temple poramboke land can't be utilised for purposes other than the temple while allowing the hearing of a writ petition challenging government authorities of Namakkal district for distribution of house site patta on a piece of temple poramboke land.
Justice GK Ilanthiraiyan in a recent order observed, "The right and title over the disputed lands vest with the government. However, the government shall not utilise, alienate, assign, transfer the same and construct permanent structures therein for the purposes other than the beneficial interest of the temple as indicated in Rule 13 of the Revenue Standing Order No.26 and the provisions of the Hindu Religious and Charitable Endowments Act."
The judge also said that the authorities including the district collector, DRO, RDO and tahsildar ought to have obtained permission from the Commissioner of Hindu Religious and Charitable Endowments
(HR&CE) before using the land.
The issue pertains to distribution of free house site pattas in the temple poramboke land attached to Arulmigu Subramania Swamy Temple located at Vaiappamalai in Namakkal district. The hereditary trustee of the temple SS Nandhakumar approached the High Court in 2012.
He noted that the government has clearly conferred the rights to the temple administration over the poramboke land and without getting prior no objection certificate from the temple and the Commissioner of HR&CE, it cannot be reclassified and the patta too cannot be issued in favour of other persons.