Chennai, Sep 1 (PTI) The Tamil Nadu Hindu Religious and Charitable Endowments (HR&CE) department has sought for a review of a 2021 order of the Tamil Nadu government, which banned sale of landed properties of the temples across the state.
A submission to this effect was made by the Additional Government Pleader in the Madras High Court when a writ petition involving the Agricultural Market Committee, which had established an ‘Uzhavar Sandhai’ in Edappadi in Salem district, came up for hearing last week.
Originally, A Radhakrishnan had filed a writ petition praying for a direction to the Salem Agricultural Market Committee to forthwith hand over the land back to Sri Prasanna Nanjundeswarar Temple in Edappadi and consequently issue a direction to the government to take appropriate action against the Committee for having trespassed and occupied the property illegally from 2011.
When the matter came up recently,Justice R Subramanian was informed that pursuant to an order passed by a division bench on August 1 this year, the Market Committee had paid Rs 93.09 lakh, which is the value of the land that was in occupation by it for running the Uzhavar Sandhai (Farmers’ market), to the temple.
But the judge was informed that a division bench of this Court by its common order passed in June 2021 in a suo-motu writ petition had banned the sale of land belonging to temples. Therefore, as of today, the temple cannot alienate the land in favour of the Agricultural Market Committee.
At this juncture, the AGP representing the HR&CE department submitted it has sought review of the June 2021 order to enable the department to sell temple lands in appropriate cases. Necessary safeguards to prevent abuse of the power of the sale would also be imposed, he added.
The judge noted that since the Market Committee had occupied the land in the year 2010 without paying the land value, the Sale Deed has not been executed.
“I do not express any opinion on the said subject since the same is to be decided by the division bench in the Review Application. In view of the fact that the Sale Deed could not be executed as of today, the payment of interest on the land value is postponed and it will be decided as and when permission is granted to the temple to execute the Sale Deed under Section 34 of the Hindu Religious and Charitable Endowments Act.” “In view of the substantial compliance with the claim of the petitioner, the writ petition will stand disposed of with a direction that the payment of interest alone is deferred to be decided as and when the Sale Deed is executed by the temple in favour of the Agricultural Market Committee,” the judge added. PTI CORR SA SA
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