Read Time: 05 minutes

Synopsis

The Madras High Court recently underscored that when temple land is leased for charitable purposes, the interests of the deity and beneficiaries of such activities must be balanced. The bench of Justice M. Dhandapani emphasized that the management of temple lands must prioritize both lawful custodianship and the preservation of the public benefit, especially in cases involving educational and social welfare initiatives.  

This observation was made while disposing of three writ petitions concerning the lease of a temple land by Avvai Home Orphanage for Girls, a charitable organization founded in 1930. The organization's academic institutions, which have been leasing land from Arulmigu Arunachaleswarar Temple, Tiruvannamalai, since 1936, faced eviction notices and the petitioner faced demands for arrears of rent totaling over ₹28 crore.  

Court noted that the lands leased to Avvai Home had been used for nearly a century to provide shelter and education to orphaned and underprivileged girls.

It was the petitioner's arguement that exorbitant demands for arrears violated the principles of promissory estoppel, especially given that a compromise was reached in 2010 between the temple administration and the orphanage.  

In its defense, the temple administration maintained that rent revisions and eviction notices were necessary to safeguard the deity's interests. It was argued that portions of the leased land to the schools run by the organization had been encroached upon by third parties, leading to losses for the temple.  

After examining the evidence, the court emphasized the necessity of continuing education for children and protecting the rights of the deity.

Justice Dhandapani ordered the orphanage to clear arrears of Rs 25 lakh as a final settlement and surrender the lands being used by the two schools run by the organization by June 2025.

The court further directed the temple authorities to take over the running of the educational institutions on the leased premises from the 2025–2026 academic year. It also mandated a comprehensive survey of the leased and encroached lands, ensuring their appropriate utilization for religious and educational purposes.  

Highlighting the charitable acts of Avvai Home, the court urged temple authorities to act with sensitivity, recognizing the historical and social significance of the institution. At the same time, it underscored the need to preserve temple properties for their intended purposes.  

Case Title: Avvai Home Orphanage for Girls v. The Executive Officer Arulmigu Arunachaleswarar Devasthanam Tiruvannamalai and Others