MADURAI: Observing that a deity cannot be left without remedy merely because it does not have voting rights, the Madurai Bench of the Madras High Court has issued a series of directions to the civil courts, HR&CE and registration departments to expedite the restoration of the properties belonging to Balasubramaniya Swamy temple in Vennaimalai, Karur.
Passing orders on a contempt petition filed over delay in implementing a 2019 court order to recover nearly 500 acres belonging to the temple from encroachers, a bench of justices P Velmurugan and B Pugalendhi noted that among the encroachers, 27 are government officers, 49 are industrialists and 38 are people wielding considerable influence. This very composition explains why the eviction proceedings were thwarted through massive protests by political leaders irrespective of party lines, they added.
“The poor deity has no voting right. On the other hand, the mighty encroachers have valuable votes. In a democratic polity, electoral arithmetic sometimes appears to influence administrative resolve. But constitutional governance is not subordinate to electoral expediency,” the judges observed, adding that the deity, recognised as a juristic person in law, cannot be left remediless because it does not participate in elections. The deity may not vote, but the Constitution speaks, they said.
The bench directed the civil courts, which are dealing with suits relating to the temple properties, to dispose of the suits expeditiously, preferably within six months. It further told the HR&CE department to file a comprehensive status report every three months on the progress of land recovery, with directions to the Karur SP to ensure adequate police protection to the eviction proceedings.
Noting that some organisations are mobilising the protests against the eviction measures, the judges directed the Registrar of Societies to inquire into the activities of these organisations and take action if any illegal activities are found.