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Synopsis

The Madras High Court has directed two Bharatiya Janata Party (BJP) MLAs- A John Kumar and his son Vivilian Richards John Kumar hailing from Puducherry, along with four of their family members, to immediately hand over an allegedly illegally acquired vacant property to a temple.

Refuting the contention of the MLAs that they were bona fide purchasers of the property,  the bench of Justice SM Subramaniam held that prima facie documents established that the subject properties were bequeathed through a “Will” in favour of the temple and the lands being vacant, it was to be handed over to the temple immediately.

While highlighting that sitting MLAs had stated that they had no objections to handing over the lands if the case is established against them, court asked the MLAs to return the property in question to the temple immediately and subject themselves to criminal investigation already undertaken by the Government of Pondicherry i.e., the Superintendent of Police, CBCID (SIT), Pondicherry.

"The temple is at liberty to maintain the property. The validity of the documents and the allegations of fraud, impersonation, misrepresentation, corrupt activities, collusion, fabrication of document, payment of consideration, income tax returns etc., are to be investigated thoroughly by the Superintendent of Police, CBCID (SIT), Pondicherry," ordered the court. 

The order was passed in a writ petition filed by the temple trust of Sri Kamatchi Amman Devasthanam in Puducherry asserting its ownership over certain properties, which it claimed to have held since 1935.

The temple trust alleged that since the property in question remained vacant land till today, in due course, they were grabbed illegally by politically influential persons. 

The counsel for the temple submitted that there was an unambiguous nexus between the bureaucrats from the Government of Pondicherry and Politicos due to which the temple authorities were not able to initiate any action as well.

Since in the petition, the two sitting MLAs were also named as respondents, earlier the high court had suo motu ordered the Superintendent of Police, CBCID (SIT), Pondicherry to conduct an investigation into the allegations of criminality raised against several persons, including the two sitting MLAs. 

Moreover, since public servants were involved, the court had also directed the Government Pleader, Pondicherry to register the cases both under the Criminal Law and under the Prevention of Corruption Act.

Pursuant to the court's directions, two investigation reports were placed before the court which had certain shocking revelations in respect of the documents executed for the transfer of the temple lands.

However, the allegations were opposed by the respondents who claimed that they were mere innocent purchasers of the properties in question. 

They also filed an affidavit stating that they were ready and willing to hand over the property to the temple, in the event of establishing the title by the Temple Authorities.

Therefore, while granting relief in favour of the temple and posting the matter for further hearing on November 6, 2023, court took a decisive stance by instructing the Puducherry administration to assume control over the entire temple property and hand it back to the temple management, pending further orders. 

Case Title: Sri Kamatchi Amman Devasthanam v. Department of Hindu Religious Institutions and Wakf and Others