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The Madras High Court criticised the Hindu Religious and Charitable Endowments (HR&CE) Department for having failed to protect temple properties which have been both encroached by non-public people or utilized by the federal government for different official functions.
Justice R. Mahadevan mentioned, “Such callous attitude on their part cannot be countenanced.”
He made the remark on Wednesday after ruling towards the federal government’s transfer to assemble a Regional Transport Office on lands in possession of Kottai Mariamman temple in Omalur taluk of Salem district for greater than 80 years.
Passing widespread orders on a batch of instances, the decide additionally dominated towards the transfer by the Fisheries Department to assemble a contemporary fish market and fish eatery on lands in possession of Sakthi Muthamman temple at Neelankarai close to Chennai for greater than 70 years. The decide ordered that the temple lands ought to be protected and never alienated in any respect.
“This court has time and again observed that temples in Tamil Nadu are not only a source of identification of the ancient culture but also a testimony of pride and knowledge of the talent in the field of arts, science and sculpture and a conduit for spiritual activities as well,” he mentioned.
“The properties of the religious institutions, more particularly the temples, have to be maintained properly in order to derive more income to spend for their betterment,” the decide mentioned. He agreed with the petitioner’s counsel V.B.R. Menon, T. Kokilavane and B. Harikrishnan that the federal government had taken away the temple lands with out HR&CE Department’s consent.
Justice Mahadevan recalled that the Supreme Court in A.A.Gopalakrishnan Vs Cochin Devaswom Board (2007) had impressed upon the necessity for the federal government, members or trustees of boards/trusts, and devotees to be vigilant and stop usurpation or encroachment of properties belonging to spiritual establishments.
The apex court docket had additionally noticed that courts have been obligation certain to protect and safeguard the properties of non secular and charitable establishments from wrongful claims or misappropriation. However, within the current case, HR&CE Department had failed to protect the lands of the 2 temples in query, the decide lamented.
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